[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62457-62460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26059]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0093; Docket No. 50-438]


Tennessee Valley Authority (Bellefonte Nuclear Plant, Unit 1)

Order

I.

    The Tennessee Valley Authority (TVA, or the applicant) is the 
current holder of Construction Permit (CP) Nos. CPPR-122 and CPPR-123, 
which were issued by the Atomic Energy Commission (now the U.S. Nuclear 
Regulatory Commission (NRC)) on December 24, 1974 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML090680334) for 
construction of the Bellefonte Nuclear Plant (BLN), Units 1 and 2, 
respectively. The CPs for CPPR-122 and CPPR-123 expire on October 1, 
2011, and October 1, 2014, respectively.
    These facilities, currently in deferred plant status as described 
in the Commission Policy Statement on Deferred Plants, published in the 
Federal Register on October 14, 1987 (52 FR 38077), are at the 
applicant's site in Jackson County, AL, located on a peninsula at 
Tennessee River Mile 392 on the west shore of Guntersville Reservoir, 
about 6 miles east-northeast of Scottsboro, AL.
    TVA filed a request on October 8, 2010 (ADAMS Accession No. 
ML102870233), as supplemented April 25 and September 1, 2011 (ADAMS 
Accession Nos. ML11124A170 and ML11249A162, respectively), under Title 
10 of the Code of Federal Regulations (10 CFR) 50.55(b) for the 
extension of the latest date for completion of construction as stated 
in CPPR-122 for BLN, Unit 1, to October 1, 2020.
    In its letter dated October 8, 2010, TVA stated that extending the 
BLN Unit 1 CP would allow it to either complete construction or 
continue to preserve and maintain BLN Unit 1 in a deferred status as a 
valuable asset pending a longer term determination of generation needs 
to meet future electrical demand. TVA stated that the requested 
extension includes a reasonable amount of time to allow for adjustments 
to the schedule as may become necessary. TVA also informed the NRC that 
its decision on the eventual construction and completion of BLN Unit 1 
would be pending completion of TVA's integrated resource planning (IRP) 
process in spring 2011.
    By letter dated August 30, 2010 (ADAMS Accession No. ML102440618), 
TVA informed the NRC that it was

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funding for initial engineering, design, procurement of long lead 
components, and regulatory basis development. By providing the funding 
of this work, TVA would maintain the option for future power generation 
at BLN Unit 1.
    In the letter dated April 25, 2011, TVA informed the NRC of the TVA 
Board of Directors' decision on April 14, 2011, to accept the results 
of the TVA IRP. TVA stated that nuclear expansion was present in the 
majority of the electrical generation portfolios considered in the IRP 
and that the majority of portfolios identified BLN Unit 1 as the 
potential generation resource. Thus, the completion and commercial 
operation of BLN Unit 1 is consistent with and supports the TVA IRP's 
planning direction to, among other actions, add nuclear generation 
capacity in the 2018-2020 timeframe.
    In the letter dated September 1, 2011, TVA informed the NRC of its 
decision to complete construction and of the eventual commercial 
operation of BLN Unit 1. TVA stated that the details and basis for its 
decision appear in the record of decision on the ``Final Supplemental 
Environmental Impact Statement, Single Nuclear Unit at the Bellefonte 
Plant Site, Jackson County, Alabama,'' as published in the Federal 
Register on August 30, 2011 (76 FR 53994). TVA said that the final 
supplemental environmental impact statement identifies its preferred 
alternative as the completion and operation of BLN Unit 1. TVA informed 
the NRC that it would resume construction activities associated with 
BLN Unit 1, only after the initial loading of fuel at Watts Bar Nuclear 
Plant, Unit 2.

II.

    The NRC reviewed the request dated October 8, 2010, and 
supplemental information provided, and finds that there is reasonable 
assurance that the health and safety of the public will not be 
endangered by extension of the construction completion date, and that 
the requested period of time is reasonable. In addition, good cause 
exists for extending the completion date to October 1, 2020.
    The NRC staff prepared an environmental assessment and finding of 
no significant impact and published it in the Federal Register on 
September 19, 2011 (76 FR 58050). Under 10 CFR 51.32, ``Finding of No 
Significant Impact,'' the Commission has determined that extending the 
construction completion date will have no significant impact on the 
environment.
    For further details on the proposed action, see the applicant's 
letters dated October 8, 2010, April 25, 2011, and September 1, 2011, 
and the NRC staff's letter and safety evaluation of the requested 
extension dated September 30, 2011. Documents may be examined, and/or 
copied for a fee, at the NRC's Public Document Room (PDR), located at 
One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852. Publicly available records will be 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 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 [email protected].
    Within 60 days after the date of issuance of this Order, any person 
whose interest may be affected may request a hearing in accordance with 
10 CFR 2.309. The scope of this Order extending the construction 
completion date and any proceeding hereunder is limited to direct 
challenges to the CP holder's asserted reasons that show good cause 
justification for the extension. Requests for a hearing must be filed 
in accordance with the Commission's ``Rules of Practice for Domestic 
Licensing Proceedings and Issuance of Orders'' in 10 CFR part 2. 
Interested persons should consult a current copy of 10 CFR 2.309, which 
is available at the NRC's Public Document Room (PDR), located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852 and is accessible from the NRC's Agencywide Documents 
Access and Management System (ADAMS) Public Electronic Reading Room 
online in the NRC library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to the Internet or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-
4737, or by e-mail at [email protected]. If a request for a hearing 
is filed within the 60-day period, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel will rule on the 
request; and the Secretary or the Chief Administrative Judge of the 
Atomic Safety and Licensing Board Panel will issue a notice of a 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a request for hearing shall set forth 
with particularity the interest of the requestor in the proceeding, and 
how that interest may be affected by the results of the proceeding, 
taking into consideration the limited scope of matters that may be 
considered. The request must specifically explain: (1) The nature of 
the requestor's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the requestor's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any decision or order which may be entered in the proceeding 
on the requestor's interest. The petition must also set forth the 
specific contentions which the requestor seeks to have litigated at the 
proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the requestor 
shall provide a brief explanation of the basis for each contention and 
a concise statement of the alleged facts or the expert opinion that 
supports the contention on which the requestor intends to rely in 
proving the contention at the hearing. The requestor must also provide 
references to those specific sources and documents of which the 
requestor is aware and on which the requestor intends to rely to 
establish those facts or expert opinion. The requestor must provide 
sufficient information to show that a genuine dispute exists with the 
CP holder on a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the action under consideration. 
The contention must be one that, if proven, would entitle the requestor 
to relief. A requestor who fails to satisfy these requirements with 
respect to at least one contention will not be permitted to participate 
as a party.
    The Commission requests that each contention be given a separate 
numeric or alpha designation within one of the following groups: (1) 
Technical (primarily related to safety concerns); (2) environmental; or 
(3) miscellaneous.
    As specified in 10 CFR 2.309, if two or more requestors seek to co-
sponsor a contention or propose substantially the same contention, the 
requestors will be required to jointly designate a representative who 
shall have the authority to act for the requestors with respect to that 
contention.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, any motion or other document filed in the 
proceeding prior to the submission of a request for hearing, and 
documents filed by interested Governmental entities participating under 
10 CFR 2.315(c), must be filed in accordance with the

[[Page 62459]]

NRC E-Filing rule (72 FR 49139, August 28, 2007). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the Internet, or in some cases, to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements associated with E-
Filing, the requestor should contact, at least 10 days prior to the 
filing deadline, the Office of the Secretary by e-mail at 
[email protected], or by telephone at 301-415-1677, to request (1) 
A digital identification certificate that allows the participant (or 
its counsel or representative) to digitally sign documents and access 
the E-Submittal server for any NRC proceeding in which it is 
participating; and (2) advise the Secretary that the participant will 
be submitting a request for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital identification certificate). Based upon this 
information, the Secretary will establish an electronic docket for the 
hearing in this proceeding if the Secretary has not already established 
an electronic docket. Information about applying for a digital 
identification certificate is available on NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. 
System requirements for accessing the E-Submittal server are detailed 
in NRC's ``Guidance for Electronic Submission,'' which is available on 
the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not 
listed on the Web site, but should note that the NRC's E-Filing system 
does not support unlisted software, and the NRC Meta System Help Desk 
will not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital identification 
certificate and a docket has been created, the participant can then 
submit a request for hearing. Submissions should be in portable 
document format (pdf) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the documents are submitted 
through the NRC's E-Filing system. To be timely, an electronic filing 
must be submitted to the E-Filing system no later than 11:59 p.m. 
eastern time on the due date. Upon receipt of a transmission, the E-
Filing system time-stamps the document and sends the submitter an e-
mail notice confirming receipt of the document. The E-Filing system 
also distributes an e-mail notice that provides access to the document 
to the NRC Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the documents on those 
participants separately. Therefore, the CP holder and other 
participants (or their counsel or representative) must apply for and 
receive a digital identification certificate before a hearing request 
is filed so that they can obtain access to the document via the E-
Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk by clicking on the ``Contact Us'' link located on the NRC Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available Monday through Friday between 8 
a.m. and 8 p.m. eastern time, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. The NRC considers a filing complete 
by first-class mail as of the time of deposit in the mail, or by 
courier, express mail, or expedited delivery service upon the deposit 
of the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. The NRC asks participants not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. The 
NRC asks participants not to include copyrighted materials in their 
submission, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application.
    Copies of the application to extend the completion date in the CP 
for BLN Unit 1 are available for public inspection at the NRC's PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Room O1-F21, Rockville, Maryland 20852-2738. The application may be 
accessed in ADAMS through the NRC's Public Electronic Reading Room on 
the Internet at http://www.nrc.gov/readingrm/adams.html under ADAMS 
Accession Number ML102870233.
    As stated above, persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS may 
contact the NRC's Public Document Room (PDR) reference staff by 
telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to 
[email protected].
    Attorney for the permit holder: Maureen H. Dunn, Executive Vice 
President and General Counsel, Tennessee Valley Authority, 400 West 
Summit Hill Drive, Knoxville, TN 37902.

III.

    It is hereby ordered that the latest construction completion date 
for CP No. CPPR-122 is extended to October 1, 2020.


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    Dated at Rockville, Maryland, this 30th day of September 2011.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-26059 Filed 10-6-11; 8:45 am]
BILLING CODE 7590-01-P