Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74105 

For The Nuclear Regulatory Commission. 

Dated this 17th day of November 2010 at 

Rockville, Maryland. 

Stephen Dembek, 

Acting Deputy Director, Office of 

International Programs. 

[FR Doc. 2010–30113 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–008; NRC–2008–0476] 

Dominion Virginia Power and Old 

Dominion Electric Cooperative; Notice 

of Consideration of Issuance of 

Amendment to Early Site Permit, 

Proposed No Significant Hazards 

Consideration Determination, and 

Opportunity for a Hearing 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of license amendment 

request, opportunity to comment, and 

opportunity to request a hearing. 

DATES: Submit comments by December 

30, 2010. Requests for a hearing or leave 

to intervene must be filed by January 31, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Chandu Patel, Project Manager, US– 

APWR Projects Branch, Division of New 

Reactor Licensing, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

001. Telephone: (301) 415–3025; fax 

number: (301) 415–6350; e-mail: 

Chandu.Patel@nrc.gov. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2008– 

0476 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. The NRC requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You may submit comments by any 

one of the following methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0476. Address questions 

about NRC dockets to Carol Gallagher at 

301–492–3668 or via e-mail at 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rules, 

Announcements and Directives Branch, 

Office of Administration, Mail Stop: 

TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or via fax to RADB at 

(301) 492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine, and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Room 

O–1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. These documents may also be 

viewed electronically on the Public 

computer located at the NRC’s PDR at 

11555 Rockville Pike, Rockville, MD 

20852. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or via e-mail to 

pdr.resource@nrc.gov. The application 

for amendment dated September 2, 

2010, is available electronically in 

ADAMS under accession number 

ML102500209. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

for Docket ID: NRC–2008–0476. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC (the Commission) is 

considering issuance of an amendment 

to Early Site Permit (ESP) number ESP– 

003, issued to Virginia Electric and 

Power Company doing business as 

Dominion Virginia Power, and Old 

Dominion Electric Cooperative for the 

North Anna site located near Louisa, 

Virginia. 

The proposed amendment would 

delete ESP permit condition 3.G, which 

prescribes the notification conditions 

associated with the implementation of 

certain activities authorized by the 

permit. Specifically, permit condition 

3.G requires the permit holder to notify 

the NRC Regional Administrator for 

Region II and the operator of North 

Anna Power Station at least 120 days 

before the commencement of certain 

activities described in Appendix E of 

the permit, the Site Redress Plan. 

Condition 3.G also states that the permit 

holder will certify in the notification 

that it has obtained all other permits, 

licenses, and certifications required for 

those activities. The proposed 

amendment eliminates the notifications 

by deleting the condition in its entirety. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act) and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in Title 10 

of the Code of Federal Regulations, 

Section 50.92, this means that 

performance of site preparation and 

preliminary construction activities 

described in site redress plan at the 

North Anna ESP site in accordance with 

the proposed amendment would not 

(1) Involve a significant increase in the 

probability or consequences of an 

accident previously evaluated; (2) create 

the possibility of a new or different kind 

of accident from any accident 

previously evaluated; or (3) involve a 

significant reduction in a margin of 

safety. 

As required by 10 CFR 50.91(a), the 

applicant has provided its analysis of 

the issue of no significant hazards 

consideration, which is presented 

below: 

1. Does the proposed amendment involve 

a significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The proposed amendment deletes ESP 

condition 3.G, which prescribes the 

notification conditions associated with the 

implementation of activities authorized by 

the permit. This change is administrative in 

nature and does not affect the fabrication, 

construction, or operation of any plant 

structure, system, or component. 

Therefore, the proposed ESP change does 

not involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed amendment create 

the possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed amendment deletes ESP 

condition 3.G, which prescribes the 


jdjones on DSK8KYBLC1PROD with NOTICES
74106 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

notification conditions associated with the 

implementation of activities authorized by 

the permit. This change is administrative in 

nature and does not affect the fabrication, 

construction, or operation of any plant 

structure, system, or component. 

Therefore, the proposed ESP change does 

not create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

3. Does the proposed amendment involve 

a significant reduction in a margin of safety? 

Response: No. 

The proposed amendment deletes ESP 

condition 3.G, which prescribes the 

notification conditions associated with the 

implementation of activities authorized by 

the permit. This change is administrative in 

nature and does not affect the fabrication, 

construction, or operation of any plant 

structure, system, or component. 

Therefore, the proposed ESP change does 

not involve a significant reduction in a 

margin of safety. 

The NRC staff has reviewed the 

applicant’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. You may submit 

comments using any of the methods 

discussed under the ADDRESSES section 

of this notice, which is above. 

Before issuing the amendment, 

regardless of whether 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 one is 

requested. 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. 

II. Opportunity to Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

requests, Petitions to Intervene, 

Requirements for Standing, and 

Contentions.’’ Interested persons should 

consult 10 CFR 2.309, which is available 

at the NRC’s PDR, located at O–1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852 (or call the 

PDR at (800) 397–4209 or (301) 415– 

4737). NRC regulations are also 

accessible electronically from the NRC’s 

Electronic Reading Room on the NRC 

Web site at http://www.nrc.gov. 

III. Petitions for Leave to Intervene 

Within 60 days of this notice, any 

person whose interest may be affected 

by this amendment and who wishes to 

participate as a party in the proceeding 

must file a written petition for leave to 

intervene. As required by 10 CFR 2.309, 

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 

must provide the name, address, and 

telephone number of the petitioner and 

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. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. 

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. The Licensing Board will set 

the time and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a Presiding Officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based upon a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should be submitted to the 

Commission by January 31, 2011. The 

petition must be filed in accordance 

with the filing instructions in Section IV 

of this document, and should meet the 

requirements for petitions for leave to 

intervene set forth in this section, 

except that State and Federallyrecognized Indian Tribes do not need to 

address the standing requirements in 10 

CFR 2.309(d)(1) if the facility is located 

within its boundaries. The entities listed 

above could also seek to participate in 

a hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

IV. Electronic Submissions (E–Filing) 

All documents filed in the NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 


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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74107 

accordance with the 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 of E–Filing, at least ten 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary via e-mail at 

hearing.docket@nrc.gov, or via 

telephone at (301) 415–1677, to request 

(1) a digital ID certificate, which allows 

the participant (or its counsel or 

representative) to digitally sign 

documents and access the E–Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID 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 ID 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 Electronic 

Information Exchange, users will be 

required to install a Web browser plugin 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/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

in accordance with the NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.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 timestamps 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, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene 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 through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, via e-mail at 

MSHD.Resource@nrc.gov, or via toll-free 

call at (866) 672–7640. The NRC Meta 

System Help Desk is available between 

8 a.m. and 8 p.m., Eastern Time, 

Monday through Friday, 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. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing 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 the NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested 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. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Petitions for leave to intervene must 

be filed no later than 60 days from 

November 30, 2010. Non-timely filings 

will not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Dated at Rockville, Maryland this 23rd day 

of November, 2010. 

For the Nuclear Regulatory Commission. 

Hossein G. Hamzehee, 

Chief, US–APWR Projects Branch, Division 

of New Reactor Licensing, Office of New 

Reactors. 

[FR Doc. 2010–30115 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Request for a License To Import 

Radioactive Waste 

Pursuant to 10 CFR 110.70(b) ‘‘Public 

Notice of Receipt of an Application,’’ 

please take notice that the Nuclear 

Regulatory Commission (NRC) has 

received the following request for an 


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