[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29781-29783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12073]


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NUCLEAR REGULATORY COMMISSION

Atomic Safety and Licensing Board

[Docket No. 52-033-COL; ASLBP No. 09-880-05-COL-BD01]


Before Administrative Judges: Ronald M. Spritzer, Chairman, Dr. 
Anthony J. Baratta, Dr. Randall J. Charbeneau; In the Matter of Detroit 
Edison Company (Fermi Nuclear Power Plant, Unit 3); Notice of Hearing 
(Notice of Evidentiary Hearing and Opportunity To Provide Oral and 
Written Limited Appearance Statements)

May 15, 2013.
    Pursuant to 10 CFR 2.312, the Atomic Safety and Licensing Board 
hereby provides notice that it will convene an evidentiary session to 
receive testimony and exhibits in the contested portion of this 
proceeding. In addition, the Board gives notice that, in accordance 
with 10 CFR 2.315(a), it will entertain oral and written limited 
appearance statements from members of the public in connection with 
this proceeding.

A. Matters To Be Considered

    This combined license (``COL'') contested proceeding involves the 
application of DTE Electric Company (formerly the Detroit Edison 
Company) (``Applicant'') under 10 CFR part 52, Subpart C, to construct 
and to operate a GE-Hitachi Economic Simplified Boiling Water Reactor 
(``ESBWR''), designated Unit 3, on its existing Fermi nuclear facility 
site in Monroe County, Michigan.\1\
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    \1\ Letter from Jack M. Davis, DTE, to NRC, Detroit Edison 
Company Submittal of a Combined License Application for Fermi 3 (NRC 
Project No. 757) (Sept. 18, 2008) (ADAMS Accession No. ML082730763).
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    This evidentiary hearing will consider two contentions.

i. Contention 8

    Contention 8, as restated by the Board, alleges that

the ER fails to adequately assess [Fermi Unit 3]'s impacts on the 
eastern fox snake and to consider alternatives that would reduce or 
eliminate those impacts.\2\
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    \2\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3), 
LBP-09-16, 70 NRC 227, 286 aff'd, CLI-09-22, 70 NRC 932 (2009).
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ii. Contention 15 (Including Subparts A & B)

    Contention 15, as restated by the Board, alleges that

    Detroit Edison (DTE) failed to comply with Appendix B to 10 
C.F.R Part 50 to

establish and implement its own quality assurance (QA) program when 
it entered into a contract with Black and Veatch (B&V) for the 
conduct of safety-related combined license (COL) application 
activities and to retain overall control of safety-related 
activities performed by B&V. This violation began in March 2007 and 
continued through at least February 2008. Further, DTE failed to 
complete internal audits of QA programmatic areas implemented for 
the Fermi 3 COL Application, and DTE also has failed to document 
trending of corrective actions to identify recurring conditions 
adverse to quality since the beginning of the Fermi Unit 3 project 
in March 2007.

    Contention 15A:

    These deficiencies adversely impact the quality of the safety 
related design information in the FSAR that is based on B&V's tests, 
investigations, or other safety-related activities. Because the NRC 
may base its licensing decision on safety-related design information 
in the FSAR only if it has reasonable assurance of the quality of 
that information, it may not lawfully issue the COL until the 
deficiencies have been adequately corrected by the Applicant, or 
until the Applicant demonstrates that the deficiencies do not affect 
the quality of safety-related design information in the FSAR.

    Contention 15B:

    Although DTE claims that in February 2008 it adopted a QA 
program that conforms to Appendix B, DTE has failed to implement 
that program in the manner required to properly oversee the safety-
related design activities of B&V. This demonstrates an ongoing lack 
of commitment on the part of DTE's management to compliance with NRC 
QA regulations. The NRC cannot support a finding of reasonable 
assurance that the plant, as built, can and will be operated

[[Page 29782]]

without endangering the public health and safety until DTE provides 
satisfactory proof of a fully-implemented QA program that will 
govern the design, construction, and operation of Fermi Unit 3 in 
conformity with all relevant NRC regulations.\3\
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    \3\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3), 
LBP-10-9, 71 NRC 493, 510-11 (2010).
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B. Date, Time, and Location for Evidentiary Hearing

    The evidentiary hearing will commence at 9:30 a.m., Eastern 
Daylight Time (EDT) on Wednesday, October 30, 2013, and continue 
through Friday, November 1, 2013, if necessary, in the Monroe County 
Courthouse's Board Meeting Room, 125 East Second Street, Monroe, MI 
48161.
    Members of the public and representatives of the media are welcome 
to attend and observe this evidentiary hearing. However, signs, 
banners, posters, and displays are prohibited in accordance with NRC 
policy.\4\
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    \4\ See Procedures for Providing Security Support for NRC Public 
Meetings/Hearings, 66 Fed. Reg. 31,719 (June 12, 2001) [hereinafter 
Meeting Security Guidelines].
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    All individuals attending the evidentiary hearing are advised that 
security measures will be employed at the entrance to the facility. As 
such, all individuals attending the evidentiary hearing should bring at 
least one form of government issued photo identification, refrain from 
bringing any unnecessary hand-carried items that might need to be 
examined individually, and allow sufficient time for security 
screening.

C. Date, Time, and Location of Oral Limited Appearance Statement 
Sessions

    Two oral limited appearance statement sessions regarding this 
evidentiary hearing proceeding will be held Tuesday, October 29, 2013, 
from 1:00 p.m. to 3:00 p.m. EDT (first limited appearance session), and 
from 7:00 p.m. to 8:30 p.m. (second limited appearance session) at 
Monroe County Community College, La-Z-Boy Center, Meyer Theater, 1555 
S. Raisinville Road, Monroe, MI 48161.
    Members of the public and representatives of the media are welcome 
to attend, observe, and participate in these oral limited appearance 
statement sessions, as outlined below. As required by NRC policy, 
signs, banners, posters, and displays not larger than 18'' x 18'' will 
be permitted at the oral limited appearance statement session, but may 
not be waved or held over one's head. Any sign, banner, poster or 
display affixed to a stick, or similar device, will not be permitted at 
the oral limited appearance statement sessions.\5\
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    \5\ See Meeting Security Guidelines.
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    All individuals attending the oral limited appearance statement 
sessions are advised that security measures will be employed at the 
entrance to the facility. As such, all individuals attending the oral 
limited appearance statement sessions should bring at least one form of 
government issued photo identification, refrain from bringing any 
unnecessary hand-carried items that might need to be examined 
individually, and allow sufficient time for security screening.

D. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, or representative of a party, to this 
evidentiary hearing will be permitted to make an oral statement in 
regards to his or her position on a matter of concern relating to the 
proceeding. Though these statements do not constitute testimony or 
evidence, they nonetheless may aid the Board and/or the parties in 
their consideration of the issues involved in this evidentiary hearing.
    Oral limited appearance statements will be entertained during the 
hours specified above. In the event that all scheduled and unscheduled 
speakers present at the session have made a presentation, the Board 
reserves the right to terminate the sessions prior to the ending time 
listed above.
    The time allotted for each limited appearance statement will be 
five minutes, but may be further limited depending on the number of 
written requests to make an oral statement that are submitted in 
accordance with section E below and/or the number or persons present at 
the designated time, so as to ensure that everyone will have an 
opportunity to speak.

E. Submitting a Request To Make an Oral Limited Appearance Statement

    Although a request to make an oral limited appearance statement may 
be submitted either prior to or at the limited appearance sessions, 
those who have submitted timely written requests prior to the limited 
appearance sessions will be given priority over those who have not 
filed such requests. To be considered timely, a written request to make 
an oral statement must either be mailed, faxed, or sent by email so as 
to be received by 5:00 p.m. EDT on Friday, October 18, 2013.
    Written requests to make an oral statement should be submitted to:
    Mail: Administrative Judge Ronald M. Spritzer, Atomic Safety and 
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5599.
    Email: onika.williams@nrc.gov and ronald.spritzer@nrc.gov.

F. Submitting Written Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person not a party, or a 
representative of a party, to the proceeding may submit a written 
statement setting forth his or her position on matters of concern 
relating to this proceeding. Although these statements do not 
constitute testimony or evidence, they nonetheless may assist the Board 
or the parties in their consideration of the issues in this proceeding.
    A written limited appearance statement may be submitted at any time 
and should be sent to the Office of the Secretary using one of the 
methods prescribed below:
    Mail: Office of the Secretary, Rulemaking and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20444-0001.
    Fax: (301) 415-1101.
    Email: hearingdocket@nrc.gov.
    In addition, using the same method of service, a copy of the 
written limited appearance statement should be sent to the Chairman of 
this Licensing Board as follows:
    Mail: Administrative Judge Ronald M. Spritzer, Atomic Safety and 
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission.
    Fax: (301) 415-5599.
    Email: ronald.spritzer@nrc.gov.

G. Availability of Documentary Information Regarding the Proceeding

    Applicant's application, and various NRC Staff documents relating 
to the application, are available on the NRC Web site at http://www.nrc.gov/reactors/new-reactors/col/fermi.html. These and other 
documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852 or electronically from the publicly-available records 
component of the NRC's document system (ADAMS). ADAMS is accessible 
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the 
Public Electronic Reading Room).\6\ Persons who do not

[[Page 29783]]

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 (800) 397-4209 or (301) 415-4737 (available between 
8:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday except 
federal holidays), or by email to pdr@nrc.gov.
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    \6\ Some documents determined by the NRC Staff to contain 
``sensitive'' information are publicly available only in redacted 
form; non-sensitive documents are publicly available in their 
complete form. In addition, some documents that may contain 
proprietary information may be publicly available only in redacted 
form.
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H. Conference Call

    The Board intends on holding a conference call with the parties in 
early October 2013 to discuss further administrative details regarding 
this evidentiary hearing.
    It is so ordered.

    Dated: May 15, 2013, Rockville, Maryland.

    For the Atomic Safety and Licensing Board.
Ronald M. Spritzer,
Chairman, Administrative Judge.
[FR Doc. 2013-12073 Filed 5-20-13; 8:45 am]
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