[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25883-25885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12392]
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NUCLEAR REGULATORY COMMISSION
Southern Nuclear Operating Company, Inc., et al.; Notice of
Consideration of Issuance of Amendments to Facility Operating Licenses,
Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing
[Docket Nos. 50-424 and 50-425]
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
NPF-68 and NPF-81, issued to Southern Nuclear Operating Company, Inc.,
et al. (the licensee), for operation of the Vogtle Electric Generating
Plant (VEGP), Units 1 and 2, located in Burke County, Georgia.
The proposed amendments would revise the VEGP Technical
Specifications to authorize the licensee to increase the storage
capacity of the VEGP Unit 1 spent fuel pool from the present capacity
of 288 fuel assemblies to 1476 fuel assemblies. The change would be
accomplished by the installation of high density fuel rack modules. The
racks would utilize a neutron absorbing material between cells to
assure a subcritical configuration.
The Commission had previously issued a Notice of Consideration of
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Issuance of Amendments published in the Federal Register on December
31, 1997 (62 FR 68317). That notice contained the Commission's proposed
determination that the requested amendments involved no significant
hazards considerations, offered an opportunity for comments on the
Commission's proposed determination, and offered an opportunity for the
applicant to request a hearing on the amendment and for persons whose
interest may be affected to petition for leave to intervene.
Due to oversight, the December 31, 1997, Notice of Consideration of
Amendments did not provide notice that this application involves a
proceeding on an application for a license amendment falling within the
scope of section 134 of the Nuclear Waste Policy Act of 1982. Such
notice is required by Commission regulations, 10 CFR 2.1107.
The Commission hereby provides such 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 the NWPA, the Commission, at the
request of any party to the proceeding, must 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 and the designation, following argument of only those factual
issues that involve a genuine and substantial dispute, together with
any remaining questions of law, to be resolved in an adjudicatory
hearing. Actual 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 the 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' (published at 50 FR 41662 dated October 15, 1985). Under
those rules, any party to the proceeding may invoke the hybrid hearing
procedures by filing with the presiding officer a written request for
oral argument under 10 CFR 2.1109. To be timely, the request must be
filed within ten (10) days of an order granting a request for hearing
or petition to intervene. (As outlined above, the Commission's rules in
10 CFR Part 2, Subpart G continue to govern the filing of requests for
a hearing or petitions to intervene, as well as the admission of
contentions.) The presiding officer must 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. In essence, those procedures limit the time available for
discovery and require that an oral argument be held to determine
whether any contentions must be resolved in an adjudicatory hearing. If
no party to the proceeding timely requests oral argument, and if all
untimely requests for oral argument are denied, then the usual
procedures in 10 CFR Part 2, Subpart G apply.
By June 10, 1998, the licensee, if it wishes to invoke the hybrid
hearing procedures, may file a request for such hearing with respect to
issuance of the amendment to the subject facility operating license and
any person whose interest may be affected by this proceeding and who
wishes to invoke the hybrid hearing procedures and to participate as a
party in such proceeding must file a written request for a hearing and
a petition for leave to intervene. Requests for a hearing and a
petition for leave to intervene shall be filed in accordance with the
Commission's ``Rules of Practice for Domestic Licensing Proceedings''
in 10 CFR Part 2. Interested persons should consult a current copy of
10 CFR 2.714 which is available at the Commission's Public Document
Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at
the local public document room located at the Burke County Public
Library, 412 Fourth Street, Waynesboro, Georgia. If a request for a
hearing or petition for leave to intervene seeking to invoke the hybrid
hearing procedures in accordance with this notice is filed by the above
date, the Commission or an Atomic Safety and Licensing Board,
designated by the Commission or by the Chairman of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the designated Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order. Requests for
hearing or petitions for leave to intervene that do not seek to invoke
the hybrid procedures are not authorized by this notice and would be
considered untimely.
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following factors: (1) the nature of the petitioner's right under the
Act to be made party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which petitioner wishes to intervene. Any person
who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene which must include a list of the contentions
which are sought to be litigated in the matter. Each contention must
consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner shall provide a
brief explanation of the bases of the contention and a concise
statement of the alleged facts or expert opinion which support the
contention and on which the petitioner intends to rely in proving the
contention at the hearing. The petitioner must also provide references
to those specific sources and documents of which the petitioner is
aware and on which the petitioner intends to rely to establish those
facts or expert opinion. Petitioner must provide sufficient information
to show that a genuine dispute exists with the applicant on a material
issue of law or fact. Contentions shall be limited to matters within
the scope of the amendment under consideration. The contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to file such a supplement which satisfies these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to
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participate fully in the conduct of the hearing, including the
opportunity to present evidence and cross-examine witnesses.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves
no significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment.
If the final determination is that the amendment request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any amendment.
Normally, the Commission will not issue the amendment until the
expiration of the 30-day notice period. However, should circumstances
change during the notice period such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 30-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance and provide for opportunity for a hearing
after issuance. The Commission expects that the need to take this
action will occur very infrequently.
A request for a hearing or a petition for leave to intervene that
seeks to invoke the hybrid hearing procedures in accordance with this
notice must be filed with the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, or may be delivered to the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, by the above date. A copy of the petition should
also be sent to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and to Mr. Arthur H.
Domby, Troutman Sanders, NationsBank Plaza, Suite 5200, 600 Peachtree
Street, NE., Atlanta, Georgia, attorney for the licensee.
Untimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding Atomic Safety and Licensing Board that the
petition and/or request should be granted based upon a balancing of the
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the
application for amendments dated September 4, 1997, as supplemented by
letter dated November 20, 1997, which are available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC, and at the local public
document room located at the Burke County Public Library, 412 Fourth
Street, Waynesboro, Georgia.
Dated at Rockville, Maryland, this 5th day of May 1998.
For The Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Project Directorate II-2 Division of Reactor
Projects--I/II Office of Nuclear Reactor Regulation.
[FR Doc. 98-12392 Filed 5-8-98; 8:45 am]
BILLING CODE 7590-01-P