80 FR 61492 - In the Matter of Nuclear Innovation North America LLC, Combined Licenses for South Texas Project, Units 3 and 4; Notice of Hearing
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 197 (October 13, 2015)
Federal Register Volume 80, Issue 197 (October 13, 2015)
| Page Range | 61492-61494 | |
| FR Document | 2015-25892 |
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)] [Notices] [Pages 61492-61494] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25892] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-012 and 52-013; NRC-2008-0091] In the Matter of Nuclear Innovation North America LLC, Combined Licenses for South Texas Project, Units 3 and 4; Notice of Hearing AGENCY: Nuclear Regulatory Commission. ACTION: Notice of hearing. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) will convene an evidentiary session to receive testimony and exhibits in the uncontested portion of this proceeding regarding the application of Nuclear Innovation North America LLC (NINA) for combined licenses (COLs) to construct and operate two additional units (Units 3 and 4) at the South Texas Project (STP) Electric Generating Station site in Matagorda County near Bay City, Texas. This mandatory hearing will concern safety and environmental matters relating to the requested COLs. DATES: The hearing will be held on November 19, 2015, beginning at 8:30 a.m. Eastern Time. For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section VI of the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Please refer to Docket IDs 52-012 and 52-013 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:NRC's Electronic Hearing Docket: You may obtain publicly available documents related to this hearing online at http://www.nrc.gov/abaout-nrc/regulatory/adjudicatory.html. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Glenn Ellmers, Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, telephone: 301-415-0442; email: [email protected]. SUPPLEMENTARY INFORMATION: [[Page 61493]] I. Background The Commission hereby gives notice that, pursuant to section 189a of the Atomic Energy Act of 1954, as amended (the Act), it will convene an evidentiary session to receive testimony and exhibits in the uncontested portion of this proceeding regarding NINA's September 20, 2007, application for COLs under part 52 of title 10 of the Code of Federal Regulations (10 CFR), to construct and operate two additional units (Units 3 and 4) at the STP Electric Generating Station site in Matagorda County near Bay City, Texas (ADAMS Accession No. ML15120A324). This mandatory hearing will concern safety and environmental matters relating to the requested COLs, as more fully described below. Participants in the hearing are not to address any contested issues in their written filings or oral presentations. II. Evidentiary Uncontested Hearing The Commission will conduct this hearing beginning at 8:30 a.m., Eastern Time on November 19, 2015, at the Commission's headquarters in Rockville, Maryland. The hearing on these issues will continue on subsequent days, if necessary. III. Presiding Officer The Commission is the presiding officer for this proceeding. IV. Matters To Be Considered The matter at issue in this proceeding is whether the review of the application by the Commission's staff has been adequate to support the findings found in 10 CFR 52.97 and 10 CFR 51.107. Those findings that must be made for each COL are as follows: Issues Pursuant to the Atomic Energy Act of 1954, as Amended The Commission will determine whether (1) the applicable standards and requirements of the Act and the Commission's regulations have been met; (2) any required notifications to other agencies or bodies have been duly made; (3) there is reasonable assurance that the facility will be constructed and will operate in conformity with the license, the provisions of the Act, and the Commission's regulations; (4) the applicant is technically and financially qualified to engage in the activities authorized; and (5) issuance of the license will not be inimical to the common defense and security or the health and safety of the public. Issues Pursuant to the National Environmental Policy Act (NEPA) of 1969, as Amended The Commission will (1) determine whether the requirements of sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations in 10 CFR part 51 have been met; (2) independently consider the final balance among conflicting factors contained in the record of the proceeding with a view to determining the appropriate action to be taken; (3) determine, after weighing the environmental, economic, technical, and other benefits against environmental and other costs, and considering reasonable alternatives, whether the combined licenses should be issued, denied, or appropriately conditioned to protect environmental values; and (4) determine whether the NEPA review conducted by the NRC staff has been adequate. V. Schedule for Submittal of Pre-Filed Documents No later than October 29, 2015, unless the Commission directs otherwise, the staff and the applicant shall submit a list of its anticipated witnesses for the hearing. No later than October 29, 2015, unless the Commission directs otherwise, the applicant shall submit its pre-filed written testimony. The staff previously submitted its testimony on September 30, 2015. The Commission may issue written questions to the applicant or the staff before the hearing. If such questions are issued, an order containing such questions will be issued no later than October 16, 2015. Responses to such questions are due October 29, 2015, unless the Commission directs otherwise. VI. Interested Government Participants No later than October 14, 2015, any interested State, local government body, or affected, Federally-recognized Indian tribe may file with the Commission a statement of any issues or questions to which the State, local government body, or Indian tribe wishes the Commission to give particular attention as part of the uncontested hearing process. Such statement may be accompanied by any supporting documentation that the State, local government body, or Indian tribe sees fit to provide. Any statements and supporting documentation (if any) received by the Commission using the agency's E-filing system \1\ by the deadline indicated above will be made part of the record of the proceeding. The Commission will use such statements and documents as appropriate to inform its pre-hearing questions to the Staff and applicant, its inquiries at the oral hearing and its decision following the hearing. The Commission may also request, prior to November 5, 2015, that one or more particular States, local government bodies, or Indian tribes send one representative each to the evidentiary hearing to answer Commission questions and/or make a statement for the purpose of assisting the Commission's exploration of one or more of the issues raised by the State, local government body, or Indian tribe in the pre- hearing filings described above. The decision of whether to request the presence of a representative of a State, local government body, or Indian tribe at the evidentiary hearing to make a statement and/or answer Commission questions is solely at the Commission's discretion. The Commission's request will specify the issue or issues that the representative should be prepared to address. --------------------------------------------------------------------------- \1\ The process for accessing and using the agency's E-filing system is described in the February 20, 2009, notice of hearing that was issued by the Commission for this proceeding. See South Texas Project Nuclear Operating Company Application for the South Texas Project Units 3 and 4; Notice of Order, Hearing, and Opportunity To Petition for Leave To Intervene 74 FR 7934. Participants who are unable to use the electronic information exchange (EIE), or who will have difficulty complying with EIE requirements in the time frame provided for submission of written statements, may provide their statements by electronic mail to [email protected]. --------------------------------------------------------------------------- States, local governments, or Indian Tribes should be aware that this evidentiary hearing is separate and distinct from the NRC's contested hearing process. Issues within the scope of contentions that have been admitted or contested issues pending before the Atomic Safety and Licensing Board or the Commission in a contested proceeding for a COL application are outside the scope of the uncontested proceeding for that COL application. In addition, although States, local governments, or Indian tribes participating as described above may take any position they wish, or no position at all, with respect to issues regarding the COL application or the NRC staff's associated environmental review that do fall within the scope of the uncontested proceeding (i.e., issues that are not within the scope of admitted contentions or pending contested issues), they should be aware that many of the procedures and rights applicable to the NRC's contested hearing process due to the inherently adversarial nature of such proceedings are not available with respect to this uncontested hearing. Participation in [[Page 61494]] the NRC's contested hearing process is governed by 10 CFR 2.309 (for persons or entities, including States, local governments, or Indian tribes, seeking to file contentions of their own) and 10 CFR 2.315(c) (for interested States, local governments, and Indian tribes seeking to participate with respect to contentions filed by others). Participation in this uncontested hearing does not affect the right of a State, local government, or Indian tribe to participate in the separate contested --------------------------------------------------------------------------- hearing process. Dated at Rockville, Maryland, this 5th day of October 2015. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2015-25892 Filed 10-9-15; 8:45 am] BILLING CODE 7590-01-P
![61492 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
requestor’s/petitioner’s interest. The Effective date: This license ACTION: Notice of hearing.
petition must also identify the specific amendment is effective as of the date of
contentions which the requestor/ issuance and shall be implemented SUMMARY: The U.S. Nuclear Regulatory
petitioner seeks to have litigated at the prior to the SR 3.1.5.3 performance due Commission (NRC or the Commission)
proceeding. date for CEA 88 in Unit 2, Cycle 19. will convene an evidentiary session to
Each contention must consist of a Amendment No.: 196. A publicly- receive testimony and exhibits in the
specific statement of the issue of law or available version is in ADAMS under uncontested portion of this proceeding
fact to be raised or controverted. In Accession No. ML15266A005; regarding the application of Nuclear
addition, the requestor/petitioner shall documents related to this amendment Innovation North America LLC (NINA)
provide a brief explanation of the bases are listed in the Safety Evaluation for combined licenses (COLs) to
for the contention and a concise enclosed with the amendment. construct and operate two additional
statement of the alleged facts or expert Renewed Facility Operating License units (Units 3 and 4) at the South Texas
opinion which support the contention No. NPF-51: Amendment revised the Project (STP) Electric Generating Station
and on which the petitioner intends to Operating License and Technical site in Matagorda County near Bay City,
rely in proving the contention at the Specifications. Texas. This mandatory hearing will
hearing. The petitioner must also Public comments requested as to concern safety and environmental
provide references to those specific proposed no significant hazards matters relating to the requested COLs.
sources and documents of which the consideration (NSHC): Yes. Public DATES: The hearing will be held on
petitioner is aware and on which the notice of the proposed amendment was November 19, 2015, beginning at 8:30
petitioner intends to rely to establish published in the Arizona Republic, a.m. Eastern Time. For the schedule for
those facts or expert opinion. The located in Phoenix, Arizona, from submitting pre-filed documents and
petition must include sufficient September 21 through September 22, deadlines affecting Interested
information to show that a genuine 2015. The notice provided an Government Participants, see Section VI
dispute exists with the applicant on a opportunity to submit comments on the of the SUPPLEMENTARY INFORMATION
material issue of law or fact. Commission’s proposed NSHC section of this document.
Contentions shall be limited to matters determination. No comments were
within the scope of the amendment received. The supplemental letter dated ADDRESSES: Please refer to Docket IDs
under consideration. The contention September 15, 2015, provided 52–012 and 52–013 when contacting the
must be one which, if proven, would additional information that clarified the NRC about the availability of
entitle the petitioner to relief. A application, did not expand the scope of information regarding this document.
requestor/petitioner who fails to satisfy the application as originally noticed, You may obtain publicly-available
these requirements with respect to at and did not change the staff’s original information related to this document
least one contention will not be proposed NSHC determination as using any of the following methods:
permitted to participate as a party. published in the Arizona Republic. • NRC’s Electronic Hearing Docket:
Those permitted to intervene become The Commission’s related evaluation You may obtain publicly available
parties to the proceeding, subject to any of the amendment, finding of exigent documents related to this hearing online
limitations in the order granting leave to circumstances, state consultation, and at http://www.nrc.gov/abaout-nrc/
intervene, and have the opportunity to final NSHC determination are contained regulatory/adjudicatory.html.
participate fully in the conduct of the in a Safety Evaluation dated September • NRC’s Agencywide Documents
hearing. Since the Commission has 25, 2015. Access and Management System
made a final determination that the Attorney for licensee: William A. (ADAMS): You may obtain publicly
amendment involves no significant Horin, Esq., Winston & Strawn, 1700 K available documents online in the
hazards consideration, if a hearing is Street NW., Washington, DC 20006– ADAMS Public Documents collection at
requested, it will not stay the 3817. http://www.nrc.gov/reading-rm/
effectiveness of the amendment. Any NRC Branch Chief: Michael T. adams.html. To begin the search, select
hearing held would take place while the Markley. ‘‘ADAMS Public Documents’’ and then
amendment is in effect. Dated at Rockville, Maryland, this 1st day select ‘‘Begin Web-based ADAMS
of October 2015. Search.’’ For problems with ADAMS,
Arizona Public Service Company, please contact the NRC’s Public
For the Nuclear Regulatory Commission.
Docket No. 50–529, Palo Verde Nuclear Document Room (PDR) reference staff at
Generating Station, Unit 2, Maricopa Anne T. Boland,
Director, Division of Operating Reactor 1–800–397–4209, 301–415–4737, or by
County, Arizona email to pdr.resource@nrc.gov. The
Licensing, Office of Nuclear Reactor
Date of amendment request: Regulation. ADAMS accession number for each
September 4, 2015, as supplemented by [FR Doc. 2015–25860 Filed 10–9–15; 8:45 am] document referenced (if it is available in
letter dated September 15, 2015. BILLING CODE 7590–01–P
ADAMS) is provided the first time that
Description of amendment request: a document is referenced.
The amendment added a Note to • NRC’s PDR: You may examine and
Technical Specification Surveillance NUCLEAR REGULATORY purchase copies of public documents at
Requirement (SR) 3.1.5.3, Control COMMISSION the NRC’s PDR, Room O1–F21, One
Element Assembly (CEA) freedom of White Flint North, 11555 Rockville
movement surveillance, such that Unit [Docket Nos. 52–012 and 52–013; NRC–
2008–0091]
Pike, Rockville, Maryland 20852.
mstockstill on DSK4VPTVN1PROD with NOTICES
2, CEA 88 may be excluded from the
FOR FURTHER INFORMATION CONTACT:
remaining quarterly performance of the In the Matter of Nuclear Innovation Glenn Ellmers, Office of the Secretary,
SR in Unit 2, Cycle 19 due to a degraded North America LLC, Combined U.S. Nuclear Regulatory Commission,
upper gripper coil. The amendment Licenses for South Texas Project, Washington, DC 20555–0001, telephone:
allows the licensee to delay exercising Units 3 and 4; Notice of Hearing 301–415–0442; email: Glenn.Ellmers@
CEA 88 until after repairs can be made
nrc.gov.
during the upcoming fall 2015 outage. AGENCY:Nuclear Regulatory
Date of issuance: September 25, 2015. Commission. SUPPLEMENTARY INFORMATION:
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![61494 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
the NRC’s contested hearing process is I. Obtaining Information and submissions available to the public or
governed by 10 CFR 2.309 (for persons Submitting Comments entering the comment into ADAMS.
or entities, including States, local
A. Obtaining Information II. Background
governments, or Indian tribes, seeking to
file contentions of their own) and 10 Please refer to Docket ID NRC–2015– Under the provisions of the
CFR 2.315(c) (for interested States, local 0005 when contacting the NRC about Paperwork Reduction Act of 1995 (44
governments, and Indian tribes seeking the availability of information for this U.S.C. Chapter 35), the NRC recently
to participate with respect to action. You may obtain publicly- submitted a request for renewal of an
contentions filed by others). available information related to this existing collection of information to
Participation in this uncontested action by any of the following methods: OMB for review entitled, ‘‘NRC Form
hearing does not affect the right of a • Federal rulemaking Web site: Go to 748, National Source Tracking
State, local government, or Indian tribe http://www.regulations.gov and search Transaction Report.’’ The NRC hereby
to participate in the separate contested for Docket ID NRC–2015–0005. informs potential respondents that an
hearing process. • NRC’s Agencywide Documents agency may not conduct or sponsor, and
Access and Management System that a person is not required to respond
Dated at Rockville, Maryland, this 5th day
(ADAMS): You may obtain publicly- to, a collection of information unless it
of October 2015.
available documents online in the displays a currently valid OMB control
For the Nuclear Regulatory Commission. number.
ADAMS Public Documents collection at
Annette L. Vietti-Cook, The NRC published a Federal
http://www.nrc.gov/reading-rm/
Secretary of the Commission. adams.html. To begin the search, select Register notice with a 60-day comment
[FR Doc. 2015–25892 Filed 10–9–15; 8:45 am] ‘‘ADAMS Public Documents’’ and then period on this information collection on
BILLING CODE 7590–01–P select ‘‘Begin Web-based ADAMS June 12, 2015 (80 FR 33570).
Search.’’ For problems with ADAMS, 1. The title of the information
please contact the NRC’s Public collection: NRC Form 748, National
NUCLEAR REGULATORY Document Room (PDR) reference staff at Source Tracking Transaction Report.
COMMISSION 1–800–397–4209, 301–415–4737, or by 2. OMB approval number: 3150–0202.
3. Type of submission: Extension.
email to pdr.resource@nrc.gov. The
4. The form number if applicable:
[NRC–2015–0005] supporting statement is available in
NRC Form 748.
ADAMS under Accession No. 5. How often the collection is required
Information Collection: NRC Form 748, ML15226A163. or requested: On occasion (at
National Source Tracking Transaction • NRC’s PDR: You may examine and completion of a transaction, and at
Report purchase copies of public documents at inventory reconciliation).
the NRC’s PDR, Room O1–F21, One 6. Who will be required or asked to
AGENCY:Nuclear Regulatory White Flint North, 11555 Rockville respond: Licensees that manufacture,
Commission. Pike, Rockville, Maryland 20852. receive, transfer, disassemble, or
ACTION: Notice of submission to the • NRC’s Clearance Officer: A copy of dispose of nationally tracked sources.
Office of Management and Budget; the collection of information and related 7. The estimated number of annual
request for comment. instructions may be obtained without responses: 20,306 (13,200 online + 480
charge by contacting the NRC’s batch upload + 6,626 NRC Form 748).
SUMMARY: The U.S. Nuclear Regulatory Clearance Officer, Tremaine Donnell, 8. The estimated number of annual
Commission (NRC) has recently Office of Information Services, U.S. respondents: 1,400 (260 NRC Licensees
submitted a request for renewal of an Nuclear Regulatory Commission, + 1,140 Agreement State Licensees).
existing collection of information to the Washington, DC 20555–0001; telephone: 9. An estimate of the total number of
Office of Management and Budget 301–415–6258; email: hours needed annually to comply with
(OMB) for review. The information INFOCOLLECTS.Resource@nrc.gov. the information collection requirement
collection is entitled, ‘‘NRC Form 748, or request: 2,209.7.
B. Submitting Comments
National Source Tracking Transaction Abstract: In 2006, the NRC amended
Report.’’ The NRC cautions you not to include its regulations to implement a National
identifying or contact information in Source Tracking System (NSTS) for
DATES: Submit comments by November comment submissions that you do not certain sealed sources. The amendments
12, 2015. want to be publicly disclosed in your require licensees to report certain
comment submission. All comment transactions involving nationally
ADDRESSES: Submit comments directly submissions are posted at http:// tracked sources to the NSTS. These
to the OMB reviewer at: Vlad Dorjets, www.regulations.gov and entered into transactions include the manufacture,
Desk Officer, Office of Information and ADAMS. Comment submissions are not transfer, receipt, disassembly, or
Regulatory Affairs (3150–0202) NEOB– routinely edited to remove identifying disposal of the nationally tracked
10202, Office of Management and or contact information. source. This information collection is
Budget, Washington, DC 20503; If you are requesting or aggregating mandatory and is used to populate the
telephone: 202–395–1741, email: comments from other persons for NSTS. National source tracking is part
Vladik_Dorjets@omb.eop.gov. submission to the OMB, then you of a comprehensive radioactive source
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: should inform those persons not to control program for radioactive
Tremaine Donnell, NRC Clearance include identifying or contact materials of greatest concern. The NRC
Officer, U.S. Nuclear Regulatory information that they do not want to be and Agreement States use the
Commission, Washington, DC 20555– publicly disclosed in their comment information provided by licensees in the
0001; telephone: 301–41–6258; email: submission. Your request should state NSTS to track the life cycle of the
INFOCOLLECTS.Resource@nrc.gov. that comment submissions are not nationally tracked source from
routinely edited to remove such manufacture through shipment receipt,
SUPPLEMENTARY INFORMATION: information before making the comment decay, and burial. The NSTS enhances
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Document Created: 2018-02-27 08:47:58
Document Modified: 2018-02-27 08:47:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of hearing. | |
| Dates | The hearing will be held on November 19, 2015, beginning at 8:30 a.m. Eastern Time. For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section VI of the SUPPLEMENTARY INFORMATION section of this document. | |
| Contact | Glenn Ellmers, Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, telephone: 301-415-0442; email: [email protected] | |
| FR Citation | 80 FR 61492 |
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