5688 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[DOCKET NO. 52–038; NRC–2008–0581] 

Nine Mile Point 3 Nuclear Project, LLC 

and Unistar Nuclear Operating 

Services, LLC; Nine Mile Point 3 

Nuclear Power Plant Combined 

License Application; Notice of Intent 

To Prepare an Environmental Impact 

Statement and Conduct Scoping 

Nine Mile Point 3 Nuclear Project, 

LLC and UniStar Nuclear Operating 

Services, LLC have submitted an 

application for a combined license 

(COL) to build Unit 3 at its Nine Mile 

Point Nuclear Power Plant (NMPNPP) 

site, located on approximately 921 acres 

in Oswego County, New York on Lake 

Ontario, approximately five miles northnortheast of Oswego, New York. Nine 

Mile Point 3 Nuclear Project, LLC and 

UniStar Nuclear Operating Services, 

LLC submitted the application for the 

COL to the U.S. Nuclear Regulatory 

Commission (NRC) by letter dated 

September 30, 2008, pursuant to Title 

10 of the Code of Federal Regulations 

(10 CFR) Part 52. A notice of receipt and 

availability of the application, including 

the Environmental Report (ER), was 

published in the Federal Register on 

Tuesday, October 28, 2008 (73 FR 

63998). A notice of acceptance for 

docketing of the application for the COL 

was published in the Federal Register 

on December 19, 2008 (73 FR 77862). A 

notice of hearing and opportunity to 

petition for leave to intervene in the 

proceeding of the application will be 

published in a future Federal Register 

Notice. The purposes of this notice are 

(1) to inform the public that the NRC 

staff will be preparing an environmental 

impact statement (EIS) as part of the 

review of the application for the COL 

and (2) to provide the public with an 

opportunity to participate in the 

environmental scoping process as 

defined in 10 CFR 51.29. 

In addition, as outlined in 36 CFR 

800.8(c), ‘‘Coordination with the 

National Environmental Policy Act,’’ the 

NRC staff plans to coordinate 

compliance with Section 106 of the 

National Historic Preservation Act 

(NHPA) with steps taken to meet the 

requirements of the National 

Environmental Policy Act of 1969, as 

amended (NEPA). Pursuant to 36 CFR 

800.8(c), the NRC staff intends to use 

the process and documentation for the 

preparation of the EIS on the proposed 

action to comply with Section 106 of the 

NHPA in lieu of the procedures set forth 

on 36 CFR 800.3 through 800.6. 

In accordance with 10 CFR 51.45 and 

51.50, Nine Mile Point 3 Nuclear 

Project, LLC and UniStar Nuclear 

Operating Services, LLC submitted the 

ER as part of the application. The ER 

was prepared pursuant to 10 CFR Parts 

51 and 52 and is available for public 

inspection at the NRC Public Document 

Room (PDR) located at One White Flint 

North, 11555 Rockville Pike (first floor), 

Rockville, Maryland 20852, or from the 

Publicly Available Records (PARS) 

component of NRC’s Agencywide 

Documents Access and Management 

System (ADAMS). ADAMS is accessible 

at http://www.nrc.gov/reading-rm/ 

adams.html which provides access 

through the NRC’s Electronic Reading 

Room (ERR) link. The accession number 

in ADAMS for the environmental report 

is ML083100609. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC’s PDR Reference staff at 

1–800–397–4209/301–415–4737 or by email to pdr@nrc.gov. The application 

may also be viewed on the Internet at 

http://www.nrc.gov/reactors/newreactors/col/nine-mile-point.html. In 

addition, both the Oswego Public 

Library at 120 East First Street, Oswego, 

New York and SUNY Oswego Penfield 

Library at 7060 State Route 104, 

Oswego, New York have agreed to make 

the ER available for public inspection. 

The following key reference 

documents related to the application 

and the NRC staff’s review processes are 

available through the NRC’s Web site at 

http://www.nrc.gov: 

a. 10 CFR Part 51, Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Function; 

b. 10 CFR Part 52, Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants; 

c. 10 CFR Part 100, Reactor Site 

Criteria; 

d. NUREG–1555, Standard Review 

Plans for Environmental Reviews for 

Nuclear Power Plants; 

e. NUREG/BR–0298, Brochure on 

Nuclear Power Plant Licensing Process; 

f. Regulatory Guide 4.2, Preparation of 

Environmental Reports for Nuclear 

Power Stations; 

g. Regulatory Guide 4.7, General Site 

Suitability Criteria for Nuclear Power 

Stations; 

h. Fact Sheet on Nuclear Power Plant 

Licensing Process; 

i. Regulatory Guide 1.206, Combined 

License Applications for Nuclear Power 

Plants; and 

j. Nuclear Regulatory Commission 

Policy Statement on the Treatment of 

Environmental Justice Matters in NRC 

Regulatory and Licensing Actions. 

The regulations, NUREG-series 

documents, regulatory guides, and the 

fact sheet can be found under Document 

Collections in the Electronic Reading 

Room on the NRC webpage. The 

environmental justice policy statement 

can be found in the Federal Register, 69 

FR 52040, August 24, 2004. 

This notice advises the public that the 

NRC intends to gather the information 

necessary to prepare an EIS as part of 

the review of the application for the 

COL at the Nine Mile Point 3 Nuclear 

Power Plant site. Possible alternatives to 

the proposed action (issuance of the 

COL for the Nine Mile Point 3 Nuclear 

Power Plant) include no action, 

reasonable alternative energy sources, 

and alternate sites. As set forth in 10 

CFR 51.20(b)(2), issuance of a COL 

under 10 CFR Part 52 is an action that 

requires EIS. This notice is being 

published in accordance with NEPA 

and the NRC’s regulations in 10 CFR 

Part 51. 

The NRC will first conduct a scoping 

process for the EIS and, as soon as 

practicable thereafter, will prepare a 

draft EIS for public comment. 

Participation in this scoping process by 

members of the public and local, State, 

Tribal, and Federal government agencies 

is encouraged. The scoping process for 

the draft EIS will be used to accomplish 

the following: 

a. Define the proposed action that is 

to be the subject of the EIS; 

b. Determine the scope of the EIS and 

identify the significant issues to be 

analyzed in depth; 

c. Identify and eliminate from 

detailed study those issues that are 

peripheral or that are not significant; 

d. Identify any environmental 

assessments and other EISs that are 

being or will be prepared that are 

related to but are not part of the scope 

of the EIS being considered; 

e. Identify other environmental 

review and consultation requirements 

related to the proposed action; 

f. Identify parties consulting with the 

NRC under the NHPA, as set forth in 36 

CFR 800.8(c)(1)(i); 

g. Indicate the relationship between 

the timing of the preparation of the 

environmental analyses and the 

Commission’s tentative planning and 

decision-making schedule; 

h. Identify any cooperating agencies 

and, as appropriate, allocate 

assignments for preparation and 

schedules for completing the EIS to the 

NRC and any cooperating agencies; and 

i. Describe how the EIS will be 

prepared, including any contractor 

assistance to be used. 

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Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Notices 5689 

The NRC invites the following 

persons or entities to participate in the 

scoping process: 

a. The applicants, Nine Mile Point 3 

Nuclear Project, LLC and UniStar 

Nuclear Operating Services, LLC; 

b. Any Federal agency that has 

jurisdiction by law or special expertise 

with respect to any environmental 

impact involved or that is authorized to 

develop and enforce relevant 

environmental standards; 

c. Affected State and local 

government agencies, including those 

authorized to develop and enforce 

relevant environmental standards; 

d. Any affected Indian tribe; 

e. Any person who requests or has 

requested an opportunity to participate 

in the scoping process; and 

f. Any person who intends to petition 

for leave to intervene in the proceeding, 

or who has submitted such a petition, or 

who is admitted as a party. 

In accordance with 10 CFR 51.26, the 

scoping process for an EIS may include 

a public scoping meeting to help 

identify significant issues related to a 

proposed activity and to determine the 

scope of issues to be addressed in an 

EIS. The NRC will hold two identical 

public scoping meetings for the EIS 

regarding the COL application. The 

scoping meetings will be held at SUNYOswego, Sheldon Hall, 7060 Route 104, 

Oswego, NY 13126 on Wednesday, 

February 25, 2009. The first meeting 

will convene at 1 p.m. and will continue 

until approximately 4 p.m. The second 

meeting will convene at 6 p.m., with a 

repetition of the overview portions of 

the first meeting, and will continue 

until approximately 9 p.m. The date of 

Thursday, February 26, 2009, is the 

alternative date for the scoping meeting 

in the event that SUNY-Oswego is 

closed on Wednesday, February 25, 

2009, due to inclement weather. In the 

event that SUNY-Oswego is closed on 

both dates due to inclement weather the 

scoping meeting will be rescheduled 

and the meeting date and time will be 

published in the Federal Register. The 

determination to close the campus is 

made by the Governor of New York. 

Information on campus closure can be 

found on the following Web site: 

http://www.oswego.edu/administration/ 

public_affairs/emergency/snow/ 

cancellations.html under the 

subheading Campus Closing. The 

meetings will be transcribed and will 

include the following: (1) An overview 

by the NRC staff of the NEPA 

environmental review process, the 

proposed scope of the EIS, and the 

proposed review schedule; and (2) the 

opportunity for interested government 

agencies, organizations, and individuals 

to submit comments or suggestions on 

the environmental issues or the 

proposed scope of the EIS. Additionally, 

the NRC staff will host informal 

discussions for one hour prior to the 

start of each public meeting. No formal 

comments on the proposed scope of the 

EIS will be accepted during the informal 

discussions. To be considered, 

comments must be provided either at 

the transcribed public meeting or in 

writing, as discussed below. 

Persons may register to attend or 

present oral comments at the meeting on 

the scope of the NEPA review by 

contacting Mr. Philip Brandt or Ms. 

Jessie M. Muir by telephone at 1–800– 

368–5642, extension 3550 or 0491, or by 

e-mail to the NRC at 

NMP3.COLEIS@nrc.gov no later than 

February 18, 2009. Members of the 

public may also register to speak at the 

meeting prior to of the start of the 

session. Individual oral comments may 

be limited by the time available, 

depending on the number of persons 

who register. Members of the public 

who have not registered may also have 

an opportunity to speak, if time permits. 

Public comments will be considered in 

the scoping process for the EIS. If 

special equipment or accommodations 

are needed to attend or present 

information at the public meeting, the 

need should be brought to Ms. Muir’s 

attention no later than February 18, 

2009, so that the NRC staff can 

determine whether the request can be 

accommodated. 

Members of the public may send 

written comments on the scope of the 

Nine Mile Point 3 Nuclear Power Plant 

COL environmental review to the Chief, 

Rules and Directives Branch, Division of 

Administrative Services, Office of 

Administration, Mailstop TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, and should cite the publication 

date and page number of this Federal 

Register notice. To ensure that 

comments will be considered in the 

scoping process, written comments 

must be postmarked by March 31, 2009. 

Electronic comments may be sent by 

e-mail to the NRC at 

NMP3.COLEIS@nrc.gov. Electronic 

submissions must be sent no later than 

March 31, 2009. Comments will be 

made available electronically and will 

be accessible through the NRC’s 

Electronic Reading Room link http:// 

www.nrc.gov/reading-rm/adams.html. 

The NRC staff may, at its discretion, 

consider comments after the end of the 

comment period. 

Participation in the scoping process 

for the EIS does not entitle participants 

to become parties to the proceeding to 

which the EIS relates. A notice of 

hearing and opportunity to petition for 

leave intervene in the proceeding on the 

application for the COL will be 

published in a future Federal Register 

notice. 

At the conclusion of the scoping 

process, the NRC staff will prepare a 

concise summary of the determinations, 

and conclusions reached on the scope of 

the environmental review including the 

significant issues identified, and will 

send this summary to each participant 

in the scoping process for whom the 

staff has an address. The staff will then 

prepare and issue for comment the draft 

EIS, which will be the subject of a 

separate Federal Register notice and a 

separate public meeting. Copies of the 

draft EIS will be available for public 

inspection at the PDR through the 

above-mentioned address and one copy 

per request will be provided free of 

charge. After receipt and consideration 

of comments on the draft EIS, the NRC 

will prepare a final EIS, which will also 

be available to the public. 

Information about the proposed 

action, the EIS, and the scoping process 

may be obtained from Mr. Philip Brandt 

at U.S. Nuclear Regulatory Commission, 

Mail Stop T6–D32M, Washington, DC 

20555–0001, by phone at 301–415– 

3550, or by e-mail at 

Philip.Brandt@nrc.gov and from Ms. 

Jessie M. Muir at 301–415–0491 or by 

e-mail at Jessie.Muir@nrc.gov. 

Dated at Rockville, Maryland, this 26th day 

of January 2009. 

For The Nuclear Regulatory Commission. 

Andrew C. Campbell, 

Acting Director, Division of Site and 

Environmental Reviews, Office of New 

Reactors. 

[FR Doc. E9–2050 Filed 1–29–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Form SH—OMB Control No. 3235–0646— 

SEC File No. 270–585. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

mstockstill on PROD1PC66 with NOTICES