55032 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

Minutes 

• Update on NSF Working Group on 

the Impact of Proposal and Award 

Management Mechanisms Study of 

Award Size, Duration and Proposal 

Success Rates 

• Status of NSF FY 2007 Budget 

Request 

• Status of NSF Strategic Plan, FY 

2006–2011 

Committee on Programs and Plans (9:30 

a.m.–10:30 a.m.) 

• Approval of Minutes 

• Status Reports: 

Æ Task Force on Transformative 

Research 

Æ Task Force on Hurricane Science & 

Engineering 

Æ Subcommittee on Polar Issues 

Æ Task Force on International Science 

• Timing and Circumstances for 

Annual Board Reexamination of 

Priority Order of MREFC 

Candidates for New Start Projects: 

Dr. Ken Ford 

• Transmitting Director’s Review 

Board Packages to the National 

Science Board: Review of Process 

Committee on Education and Human 

Resources (10:30 a.m.–12 p.m.) 

• Approval of May 2006 Minutes 

• Science Mathematics and Research 

for Transformation (SMART) 

Program 

• Doctoral Completion Project 

• Ensuring America’s Competitive 

Edge through Education and 

Research: The NSF Role 

• Subcommittee on Science and 

Engineering Indicators 

• Update on November 7, 2006 NSB 

Workshop: ‘‘Moving Forward to 

Improve Engineering Education’’

• NSB items 

Closed 

Committee on Strategy and Budget 

Closed: (9:15 a.m.–9:30 a.m.) 

• Status of NSF FY 2008 Budget 

Request 

Plenary Sessions of the Board (1:15 

p.m.–3 p.m.) 

Plenary Executive Closed (1:15 p.m.–

1:20 p.m.) 

• Approval of August 2006 Minutes 

Plenary Closed (1:20 p.m.–1:25 p.m.) 

• Approval of August 2006 Minutes 

• Closed Committee Reports 

Plenary Open (1:25 p.m.–3 p.m.) 

• Approval of August 2006 Minutes 

• Resolution to Close November 2006 

Meeting 

• Chairman’s Report 

• Director’s Report 

• Open Committee Reports 

Michael P. Crosby, 

Executive Officer and NSB Office Director. 

[FR Doc. 06–7914 Filed 9–18–06; 12:53 pm] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Agency Information Collection 

Activities: Proposed Collection: 

Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of pending NRC action to 

submit an information collection 

request to OMB and solicitation of 

public comment. 

SUMMARY: The NRC is preparing a 

submittal to OMB for review of 

continued approval of information 

collections under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Information pertaining to the 

requirement to be submitted: 

1. The title of the information 

collection: ‘‘General Licensee 

Registration,’’ NRC Form 664. 

2. Current OMB approval number: 

3150–0198. 

3. How often the collection is 

required: Annually. 

4. Who is required or asked to report: 

General Licensees of the NRC who 

possess devices subject to registration 

under 10 CFR 31.5. 

5. The estimated number of annual 

respondents: 1,000. 

6. The number of hours needed 

annually to complete the requirement or 

request: 333 hours annually (1,000 

respondents × 20 minutes per form). 

7. Abstract: NRC Form 664 is used by 

NRC general licensees to make reports 

regarding certain generally licensed 

devices subject to registration. The 

registration program allows NRC to 

better track general licensees, so that 

they can be contacted or inspected as 

necessary, and to make sure that 

generally licensed devices can be 

identified even if lost or damaged, and 

to further ensure that general licensees 

are aware of and understand the 

requirements for the possession of 

devices containing byproduct material. 

Greater awareness helps to ensure that 

general licensees will comply with the 

requirements for proper handling and 

disposal of generally licensed devices 

and would reduce the potential for 

incidents that could result in 

unnecessary radiation exposure to the 

public and contamination of property. 

Submit, by November 20, 2006, 

comments that address the following 

questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

A copy of the draft supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions about the 

information collection requirements 

may be directed to the NRC Clearance 

Officer, Brenda Jo. Shelton, U.S. Nuclear 

Regulatory Commission, T–5 F52, 

Washington, DC 20555–0001, by 

telephone at 301–415–7233, or by 

Internet electronic mail to 

INFOCOLLECTS@NRC.GOV. 

Dated at Rockville, Maryland, this 14th day 

of September 2006. 

For the Nuclear Regulatory Commission. 

Brenda Jo. Shelton, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E6–15577 Filed 9–19–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333] 

Notice of Acceptance for Docketing of 

the Application, Notice of Opportunity 

for Hearing and Notice of Intent To 

Prepare an Environmental Impact 

Statement and Conduct Scoping 

Process for Facility Operating License 

No. DPR–59 for an Additional 20-Year 

Period, Entergy Nuclear Operations, 

Inc., James A. Fitzpatrick Nuclear 

Power Plant 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for the 

renewal of Operating License No. DPR–

59, which authorizes Entergy Nuclear 

Operations, Inc. (Entergy), to operate the 

James A. FitzPatrick Nuclear Power 

Plant (JAFNPP) at 2536 megawatts 

thermal. The renewed license would 

authorize the applicant to operate the 

JAFNPP for an additional 20 years 

beyond the period specified in the 

current license. JAFNPP is located on 

Lake Ontario in Oswego County, 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 55033 

1To the extent that the application contains 

attachments and supporting documents that are not 

publicly available because they are asserted to 

contain safeguards or proprietary information, 

petitions desired access to this information should 

contact the applicant or applicant’s counsel to 

discuss the need for a protective order. 

approximately seven miles northeast of 

the City of Oswego, New York. The 

current operating license for the 

JAFNPP expires on October 17, 2014. 

On August 1, 2006, the Commission’s 

staff received the application from 

Entergy, to renew the Operating License 

No. DPR–59 for JAFNPP, pursuant to 10 

CFR part 54. A Notice of Receipt and 

Availability of the license renewal 

application (LRA) was published in the 

Federal Register on August 11, 2006 (71 

FR 46245). 

The Commission’s staff has reviewed 

the LRA for its acceptability and has 

determined that Entergy has submitted 

sufficient information in accordance 

with 10 CFR 54.19, 54.21, 54.22, 54.23, 

and 51.53(c), and the application is 

acceptable for docketing. The current 

Docket No. 50–333 for Operating 

License No. DPR–59 will be retained. 

The docketing of the renewal 

application does not preclude 

requesting additional information as the 

review proceeds, nor does it predict 

whether the Commission will grant or 

deny the application. 

Before issuance of each requested 

renewed license, the NRC will have 

made the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. In accordance with 10 

CFR 54.29, the NRC may issue a 

renewed license on the basis of its 

review if it finds that actions have been 

identified and have been or will be 

taken with respect to: (1) Managing the 

effects of aging during the period of 

extended operation on the functionality 

of structures and components that have 

been identified as requiring aging 

management review, and (2) timelimited aging analyses that have been 

identified as requiring review, such that 

there is reasonable assurance that the 

activities authorized by the renewed 

license will continue to be conducted in 

accordance with the current licensing 

basis (CLB), and that any changes made 

to the plant’s CLB comply with the Act 

and the Commission’s regulations. The 

Commission also must first find that the 

requirements of subpart A of 10 CFR 51 

have been satisfied, and that matters 

raised under 10 CFR 2.335 have been 

addressed. 

Within 60 days after the date of 

publication of this Federal Register 

Notice, 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 renewal of the 

license. 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 2.309, which is 

available at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852 and is 

accessible from the Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic 

Reading Room on the Internet at 

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

adams.html. 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 by telephone 

at 1–800–397–4209, or 301–415–4737, 

or by e-mail at pdr@nrc.gov. If a request 

for a hearing/petition for leave to 

intervene is filed within the 60-day 

period, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel will rule on the request/petition; 

and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. In the event that no request for a 

hearing/petition for leave to intervene is 

filed within the 60-day period, the NRC 

may, upon completion of its evaluations 

and upon making the findings required 

under 10 CFR parts 51 and 54, renew 

the license without further notice. 

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, taking into 

consideration the limited scope of 

matters that may be considered 

pursuant to 10 CFR parts 51 and 54. The 

petition must specifically, explain the 

reasons why intervention should be 

permitted with particular reference to 

the following factors: (1) The nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (2) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the requestor/petitioner shall 

provide a brief explanation of the bases 

of each contention and a concise 

statement of the alleged facts or the 

expert opinion that supports the 

contention on which the requestor/ 

petitioner intends to rely in proving the 

contention at the hearing. The 

requestor/petitioner must also provide 

references to those specific sources and 

documents of which the requestor/ 

petitioner is aware and on which the 

requestor/petitioner intends to rely to 

establish those facts or expert opinion. 

The requestor/petitioner must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact.1 Contentions shall be limited to 

matters within the scope of the action 

under consideration. The contention 

must be one that, if proven, would 

entitle the requestor/petitioner to relief. 

A requestor/petitioner who fails to 

satisfy these requirements with respect 

to at least one contention will not be 

permitted to participate as a party. 

The Commission requests that each 

contention be given a separate numeric 

or alpha designation within one of the 

following groups: (1) Technical 

(primarily related to safety concerns); 

(2) environmental; or (3) miscellaneous. 

As specified in 10 CFR 2.309, if two 

or more requestors/petitioners seek to 

co-sponsor a contention or propose 

substantially the same contention, the 

requestors/petitioners will be required 

to jointly designate a representative who 

shall have the authority to act for the 

requestors/petitioners with respect to 

that contention. 

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 a 

petition for leave to intervene must be 

filed 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; (2) courier, express 

mail, and expedited delivery services: 

Office of the Secretary, Sixteenth Floor, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland, 20852, 

Attention: Rulemaking and 

Adjudications Staff; (3) e-mail 


jlentini on PROD1PC65 with NOTICES
55034 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

2 If the request/petition is filed by e-mail or 

facsimile, an original and two copies of the 

document must be mailed within 2 (two) business 

days thereafter to the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, DC 20555–

0001; Attention: Rulemaking and Adjustication 

Staff. 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

HEARINGDOCKET@NRC.GOV; or (4) 

facsimile transmission addressed to the 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC, Attention: Rulemakings and 

Adjudications Staff at 301–415–1101, 

verification number is 301–415–1966.2

A copy of the request for hearing and 

petition for leave to intervene must also 

be sent to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC, 20555–

0001, and it is requested that copies be 

transmitted either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent to the attorney for the applicant, 

Mr. Terrence A. Burke, Entergy Nuclear, 

1340 Echelon Parkway, Mail Stop—

ECH–62, Jackson, Mississippi 39213. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition, request and/or 

contentions should be granted based on 

a balancing of the factors specified in 10 

CFR 2.309(a)(1)(i)–(viii). 

In addition, the purpose of this notice 

is to inform the public that the NRC will 

be preparing an environmental impact 

statement (EIS) related to the review of 

the LRA and to provide the public an 

opportunity to participate in the 

environmental scoping process, as 

defined in 10 CFR 51.29. In accordance 

with 10 CFR 51.95(c), the NRC will 

prepare an environmental impact 

statement that will be used as a 

supplement to the Commission’s 

NUREG–1437, ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Power Plants’’ (GEIS), dated 

May 1996. Pursuant to 10 CFR 51.26, 

and as part of the environmental 

scoping process, the NRC staff intends 

to hold a public scoping meeting. In 

addition, as outlined in 36 CFR 800.8, 

‘‘Coordination with the National 

Environmental Policy Act,’’ the NRC 

plans to coordinate compliance with 

section 106 of the National Historic 

Preservation Act in meeting the 

requirements of the National 

Environmental Policy Act of 1969 

(NEPA). 

In accordance with 10 CFR 51.53(c) 

and 10 CFR 54.23, Entergy prepared and 

submitted the Environmental Report 

(ER) as part of the LRA. The LRA and 

the ER are publicly available at the 

NRC’s PDR, located at One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland, 20852, or from the NRC’s 

ADAMS. The ADAMS Public Electronic 

Reading Room is accessible at http:// 

adamswebsearch.nrc.gov/dologin.htm. 

The ADAMS Accession Numbers for the 

LRA and the ER are ML062160494 and 

ML062160557, respectively. 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 by telephone at 1–800–397–4209, 

or 301–415–4737, or by e-mail at 

pdr@nrc.gov. The LRA and the ER may 

also be viewed on the Internet at http:// 

www.nrc.gov/reactors/operating/ 

licensing/renewal/applications/ 

fitzpatrick.html. In addition, the LRA 

and the ER are available for public 

inspection near the JAFNPP at the 

following public libraries: Penfield 

Library SUNY, 7060 State Route 104, 

Oswego, New York 13126; and Oswego 

Public Library, 140–142 East Second 

Street, Oswego, New York 13126. 

Possible alternatives to the proposed 

action (license renewal) include no 

action and reasonable alternative energy 

sources. The NRC is required by 10 CFR 

51.95 to prepare a supplement to the 

GEIS in connection with the renewal of 

an operating license. This notice is 

being published in accordance with 10 

CFR 51.26. 

The NRC staff will first conduct a 

scoping process for the supplement to 

the GEIS and, as soon as practicable 

thereafter, will prepare a draft 

supplement to the GEIS for public 

comment. Participation in the scoping 

process by members of the public and 

local, State, Tribal, and Federal 

government agencies are encouraged. As 

described in 10 CFR 51.29, the scoping 

process for the supplement to the GEIS 

will be used to accomplish the 

following: 

a. Define the proposed action which 

is to be the subject of the supplement to 

the GEIS. 

b. Determine the scope of the 

supplement to the GEIS 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 ElSs that are 

being or will be prepared that are 

related to, but are not part of, the scope 

of the supplement to the GEIS being 

considered. 

e. Identify other environmental 

review and consultation requirements 

related to the proposed action. 

f. Indicate the relationship between 

the timing of the preparation of the 

environmental analyses and the 

Commission’s tentative planning and 

decision-making schedule. 

g. Identify any cooperating agencies 

and, as appropriate, allocate 

assignments for preparation and 

schedules for completing the 

supplement to the GEIS to the NRC and 

any cooperating agencies. 

h. Describe how the supplement to 

the GEIS will be prepared, and include 

any contractor assistance to be used. 

The NRC invites the following entities 

to participate in scoping: 

a. The applicant, Entergy Nuclear 

Operations, Inc. 

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. 

f. Any person who has petitioned or 

intends to petition for leave to 

intervene. 

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 public meetings 

for the JAFNPP license renewal 

supplement to the GEIS, at the Town 

Municipal Building, 42 Creamery Road, 

Oswego, New York 13126, on Thursday, 

October 12, 2006. There will be two 

identical meetings to accommodate 

interested parties. The first meeting will 

convene at 1:30 p.m. and will continue 

until 4:30 p.m., as necessary. The 

second meeting will convene at 7 p.m. 

and will continue until 10 p.m., as 

necessary. Both meetings will be 

transcribed and will include: (1) An 

overview by the NRC staff of the NRC’s 

license renewal review process; (2) an 

overview by the NRC staff of the NEPA 

environmental review process, the 

proposed scope of the supplement to the 

GEIS, and the proposed review 

schedule; and (3) the opportunity for 

interested government agencies, 

organizations, and individuals to submit 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 55035 

comments or suggestions on the 

environmental issues or the proposed 

scope of the supplement to the GEIS. 

Additionally, the NRC staff will host 

informal discussions one hour prior to 

the start of each session at the same 

location. No formal comments on the 

proposed scope of the supplement to the 

GEIS will be accepted during the 

informal discussions. To be considered, 

comments must be provided either at 

the transcribed public meetings or in 

writing, as discussed below. For more 

information about the proposed action, 

the scoping process, and the 

environmental impact statement, please 

contact the NRC Environmental Project 

Manager, Mr. Samuel Hernandez, at 

Mail Stop O–11F1, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, by telephone at 1–800–368–

5642, extension 4049, or by e-mail at 

shq@nrc.gov. Persons may register to 

attend or present oral comments at the 

meetings on the scope of the NEPA 

review by contacting Mr. Hernandez. 

Members of the public may also register 

to speak at the meeting within 15 

minutes of the start of each meeting. 

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 supplement to 

the GEIS. Mr. Hernandez will need to be 

contacted no later than September 29, 

2006, if special equipment or 

accommodations are needed to attend or 

present information at the public 

meeting, so that the NRC staff can 

determine whether the request can be 

accommodated. 

Members of the public may send 

written comments on the environmental 

scope of the JAFNPP license renewal 

review to: Chief, Rules and Directives 

Branch, Division of Administrative 

Services, Office of Administration, Mail 

Stop T–6D59, U.S. Nuclear Regulatory 

Commission, Washington, DC, 20555–

0001, and should cite the publication 

date and page number of this Federal 

Register notice. Comments may also be 

delivered to the U.S. Nuclear Regulatory 

Commission, Mail Stop T–6D59, Two 

White Flint North, 11545 Rockville 

Pike, Rockville, Maryland, 20852, from 

7:30 a.m. to 4:15 p.m. during Federal 

workdays. To be considered in the 

scoping process, written comments 

should be postmarked by November 14, 

2006. Electronic comments may be sent 

by e-mail to the NRC at 

FitzPatrickEIS@nrc.gov, and should be 

sent no later than November 14, 2006, 

to be considered in the scoping process. 

Comments will be available 

electronically and accessible through 

ADAMS. 

Participation in the scoping process 

for the supplement to the GEIS does not 

entitle participants to become parties to 

the proceeding to which the supplement 

to the GEIS relates. Matters related to 

participation in any hearing are outside 

the scope of matters to be discussed at 

this public meeting. 

At the conclusion of the scoping 

process, the NRC will prepare a concise 

summary of the determination and 

conclusions reached, including the 

significant issues identified, and will 

send a copy of the summary to each 

participant in the scoping process. The 

summary will also be available for 

viewing in ADAMS. The staff will then 

prepare and issue for comment the draft 

supplement to the GEIS, which will be 

the subject of separate notices and 

separate public meetings. Copies will be 

available for public viewing at the 

above-mentioned addresses, and one 

copy per request will be provided free 

of charge, to the extent of supply. After 

receipt and consideration of the 

comments, the NRC will prepare a final 

supplement to the GEIS, which will also 

be available for public viewing. 

Information about the proposed 

action, the supplement to the GEIS, and 

the scoping process may be obtained 

from Mr. Hernandez at the 

aforementioned telephone number or 

e-mail address. 

Dated at Rockville, Maryland, this 14th day 

of September 2006. 

For the Nuclear Regulatory Commission. 

Eric J. Benner, 

Acting Director, Division of License Renewal, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 06–7974 Filed 9–19–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–275 And 50–323] 

Pacific Gas and Electric Company; 

Diablo Canyon Power Plant, Unit Nos. 

1 and 2 Environmental Assessment 

and Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an amendment to Title 10 of 

the Code of Federal Regulations (10 

CFR), Section 50.90 for Facility 

Operating Licenses, Nos. DPR–80 and 

DPR–82, issued to Pacific Gas and 

Electric Company (PG&E, the licensee) 

for operation of the Diablo Canyon 

Power Plant, Unit Nos. 1 and 2 (DCPP 

or facility), located in San Luis Obispo 

County, California. Therefore, as 

required by 10 CFR 51.21, the NRC is 

issuing this environmental assessment 

and finding of no significant impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would delete the 

antitrust license conditions from the 

licenses. 

The proposed action is in accordance 

with the licensee’s application dated 

January 19, 2006, as supplemented by 

letter dated June 20, 2006. 

The Need for the Proposed Action 

Circumstances have changed 

significantly from those that existed 

when the antitrust license conditions 

were first imposed 28 years ago. In 

particular, there have been recent 

developments in the law at both the 

Federal and State levels to ensure 

competition in the industry in 

California and elsewhere. Moreover, 

agreements binding PG&E related to the 

Stanislaus Commitments will continue 

to be in effect whether or not the 

antitrust conditions actually remain a 

part of the DCPP licenses, and 

competitors have voiced no opposition 

to the removal of the conditions. 

Finally, under the limited statutory 

authority granted to the NRC under 

Section 105 of the Atomic Energy Act of 

1954, it appears that the NRC lacks the 

authority now to continue to impose the 

antitrust conditions against PG&E 

through the DCPP licenses. Accordingly, 

in consideration of all of the foregoing, 

the licensee has requested to remove the 

antitrust conditions from the licenses as 

the conditions are no longer necessary 

to serve the original intended purpose. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its safety 

evaluation of the proposed action and 

concludes that the proposed license 

amendment involves administrative 

actions which have no effect on plant 

equipment or operation. 

The details of the staff’s safety 

evaluation will be provided in the 

license amendment that will be issued 

as part of the letter to the licensee 

approving the license amendment. 

The proposed action will not 

significantly increase the probability or 

consequences of accidents. No changes 

are being made in the types of effluents 

that may be released off site. There is no 

significant increase in the amount of 

any effluent released off site. There is no 

significant increase in occupational or 

public radiation exposure. Therefore, 


jlentini on PROD1PC65 with NOTICES