[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1871-1873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-705]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-2]
Virginia Electric and Power Company; Notice of Docketing, Notice
of Proposed Action, and Notice of Opportunity for a Hearing for Renewal
of Materials License SNM-2501 for the Surry Independent Spent Fuel
Storage Installation
The U. S. Nuclear Regulatory Commission (NRC or Commission) is
considering an application dated April 29, 2002, for the renewal of
materials license SNM-2501 under the provisions of 10 CFR part 72, from
Virginia Electric and Power Company (the applicant or Virginia Power)
for the receipt, possession, storage and transfer of spent fuel and
other radioactive materials associated with spent fuel at the Surry
Independent Spent Fuel Storage Installation (ISFSI), located at the
Surry Nuclear Power Station site in Surry County, Virginia. 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 Surry 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,
[[Page 1872]]
would allow the license to be renewed for 40 years.
This application was docketed under 10 CFR part 72; the ISFSI
Docket No. is 72-2.
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. 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.
By thirty (30) days from the date of publication of this notice in
the Federal Register, the applicant may file a request for a hearing;
and any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written request for a hearing and a petition for leave to intervene
with respect to the subject materials license. Requests for a hearing
and petitions 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,\1\ which is available at the Commission's
Public Document Room (PDR), located at One White Flint North, 11555
Rockville Pike (first floor), Rockville, Maryland, or electronically on
the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr. If there are problems in accessing the document,
contact the PDR Reference staff at 1-800-397-4209, 301-415-4737, or by
e-mail to [email protected]. If a request for hearing or petition for leave
to intervene 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. In the event that no request for hearing or petition
for leave to intervene is filed by the above date, the NRC may, upon
satisfactory completion of all required evaluations, issue the
materials license without further prior notice.
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (d)(2)
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884 (April 29,
2002).
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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 a 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 that 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 the 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 a petition, without requesting leave of
the Atomic Safety and Licensing Board up to 15 days prior to the
holding of the first pre-hearing conference scheduled in the
proceeding, but such an amended petition must satisfy the specificity
requirements described above.
Not later than fifteen (15) days prior to the first pre-hearing
conference scheduled in the proceeding, a petitioner shall file a
supplement to the petition to intervene which must include a list of
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 action 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 participate fully in the conduct of the
hearing.
A request for a hearing or petition for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Document Control Desk or
may be delivered to the Commission's Public Document Room, One White
Flint North Building, 11555 Rockville Pike, Rockville, MD, by the above
date. Because of continuing disruptions in delivery of mail to United
States Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the request for
hearing and petition for leave to intervene should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and because of continuing disruptions in delivery
of mail to United States Government offices, it is requested that
copies be transmitted either by means of facsimile transmission to 301-
415-3725 or by e-mail to [email protected]. A copy of the request
for hearing and petition for leave to intervene should also be sent to
Mr. David A. Christian, Senior Vice President--Nuclear Operations and
Chief Nuclear Officer, Virginia Electric and Power Company, 5000
Dominion Boulevard, Glen Allen, VA 23060-6711. Where petitions are
filed during the last ten (10) days of the notice period, it is
requested that the petitioner promptly so inform the NRC by a toll-free
telephone call (800-368-5642, Extension 415-8500) to James R. Hall,
Senior Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards, with the following message:
petitioner's name and telephone number; date petition was mailed;
facility name; and publication date and page number of this Federal
Register notice.
Non-timely filings of petitions for leave to intervene, amended
petitions, supplemental petitions, and/or requests for hearing will not
be entertained
[[Page 1873]]
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).
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 the 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 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. 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. 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.
For further details with respect to this application, see the
application dated April 29, 2002, which is available for public
inspection at the Commission's Public Document Room, One White Flint
North Building, 11555 Rockville Pike, Rockville, MD or from the
publicly available records component of NRC's Agencywide Documents
Access and Management System (ADAMS). ADAMS is accessible from the NRC
Web site at http://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].
Dated at Rockville, Maryland, this 2nd day of January 2003.
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 03-705 Filed 1-13-03; 8:45 am]
BILLING CODE 7590-01-P