Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices 40341 

1Licensing Board Order (Approving Settlement of 

DPS Contention 1) (May 31, 2007) (unpublished). 

2These contentions are specified at LBP–06–20, 

64 NRC 131, 183, 187, 192 (2006). 

3The parties to this proceeding are Entergy 

Nuclear Vermont Yankee, L.L.C. and Entergy 

Nuclear Operations, Inc., the NRC Staff, the 

Department of Public Service of the State of 

Vermont, and the New England Coalition. The State 

of New Hampshire is participating in the 

proceeding as an interested state. 

4See 10 CFR 2.315(a); Iowa Electric Light & Power 

Co. (Duane Arnold Energy Center), ALAB–108, 6 

AEC 195, 196 n.4 (1973); 10 CFR Part 2, Appendix 

A, § III(b) (2004), deleted Final Rule, Changes to 

Adjudicatory Process, 69 FR 2182, 2274 (Jan. 14, 

2004). 

NUCLEAR REGULATORY 

COMMISSION 

Atomic Safety and Licensing Board 

[Docket No. 50–271–LR; ASLBP No. 06–

849–03–LR] 

In the Matter of Entergy Nuclear 

Vermont Yankee, L.L.C., and Entergy 

Nuclear Operations, Inc. (Vermont 

Yankee Nuclear Power Station) Notice 

of Opportunity to Make Oral or Written 

Limited Appearance Statements 

Concerning Proposed License 

Renewal 

July 18, 2007. 

Before Administrative Judges: Alex S. 

Karlin, Chairman. Dr. Richard E. 

Wardwell. Dr. Thomas S. Elleman. 

This proceeding concerns the January 

25, 2006, application of Entergy Nuclear 

Vermont Yankee, L.L.C., and Entergy 

Nuclear Operations, Inc. (collectively, 

Entergy) to renew the operating license 

for the Vermont Yankee Nuclear Power 

Station in Windham County, Vermont 

(Operating License No. DPR–28). 

Entergy seeks to extend this license for 

an additional twenty years beyond the 

current expiration date of March 21, 

2012. This Atomic Safety and Licensing 

Board hereby gives notice that, pursuant 

to 10 CFR 2.315(a), the Board will 

entertain oral limited appearance 

statements from members of the public 

regarding the requested license renewal. 

The limited appearance statement 

sessions will be held on October 11, 

2007, in Brattleboro, Vermont. 

I. Background and Scope of Proceeding 

On March 27, 2006, the Commission 

published a notice of acceptance for 

docketing of the Entergy renewal 

application and a notice of opportunity 

to request a hearing on the application. 

71 FR 15,220 (Mar. 27, 2006). Timely 

requests for hearings and petitions to 

intervene were filed by four entities: 

The Vermont Department of Public 

Service (DPS), the Attorney General of 

the Commonwealth of Massachusetts, 

the Town of Marlboro, Vermont, and the 

New England Coalition (NEC). On June 

14, 2006, this Atomic Safety and 

Licensing Board was established to 

conduct this adjudication. 71 FR 34,397 

(June 14, 2006). 

On August 1 and 2, 2006, the Board 

heard oral argument from the 

petitioners, Entergy, and the NRC Staff 

in Brattleboro, Vermont, relating to the 

admissibility of the proposed 

contentions. The standing of the 

petitioners to intervene was 

uncontested. On September 22, 2006, 

the Board issued a Memorandum and 

Order admitting contentions submitted 

by DPS and NEC, thereby granting two 

of the requests for a hearing and 

admitting DPS and NEC as parties to the 

proceeding. LBP–06–20, 64 NRC 131, 

143 (2006). At the same time, the Board 

granted these two organizations’

requests to adopt one another’s 

contentions under 10 CFR 2.309(f)(3). 

On November 17, 2006, the Board 

granted the request by the State of New 

Hampshire to participate in this 

proceeding as an interested state under 

10 CFR 2.315(c). The only admitted DPS 

contention has now been settled, but 

since DPS adopted NEC’s admitted 

contentions, it remains a party to the 

proceeding.1

At the present time NEC’s three 

admitted contentions define the scope 

of this license renewal proceeding and 

therefore the scope of any limited 

appearance statements. The contentions 

are as follows: 

NEC Contention 2: Entergy’s License 

Renewal Application does not include an 

adequate plan to monitor and manage the 

effects of aging [due to metal fatigue] on key 

reactor components that are subject to an 

aging management review, pursuant to 10 

CFR 54.21(a) and an evaluation of time 

limited aging analysis, pursuant to 10 CFR 

54.21(c). 

NEC Contention 3: Entergy’s License 

Renewal Application does not include an 

adequate plan to monitor and manage aging 

of the steam dryer during the period of 

extended operation. 

NEC Contention 4: Entergy’s License 

Renewal Application does not include an 

adequate plan to monitor and manage aging 

of plant piping due to flow-accelerated 

corrosion during the period of extended 

operation.2

If additional contentions are 

subsequently admitted, or if any of the 

currently admitted contentions are later 

settled or dismissed, then the scope of 

this proceeding, and of any limited 

appearance statements, will follow the 

scope of the admitted contentions. 

II. Notice of Limited Appearance 

Statement Sessions 

A. Date, Time, and Location of Oral 

Limited Appearance Statement Sessions 

The oral limited appearance sessions 

will be on the following dates, at the 

specified location and times: 

Date: Thursday, October 11, 2007. 

Time: 1 p.m. to 4 p.m. and 6:30 p.m. 

to 10:30 p.m. 

Location: Latchis Theatre, 50 Main 

Street, Brattleboro, Vermont. 

B. Participation Guidelines for Oral 

Limited Appearance Statements 

Any person who is not a party will be 

permitted to make an oral statement 

setting forth his or her position on 

matters of concern related to this 

proceeding.3 Speakers should be aware 

that the jurisdiction of this Board and 

the scope of this proceeding is limited 

to the license renewal. Limited 

appearance statements will be 

transcribed but are not under oath or 

affirmation and do not constitute 

testimony or evidence. The purpose of 

limited appearance statements is to 

allow members of the public to alert the 

Board and the parties to areas relating 

to the license renewal and the admitted 

contentions in which evidence may 

need to be adduced, and to assist the 

Board in its consideration of these 

issues.4

Oral limited appearance statements 

will be entertained during the hours 

specified above, or such lesser time as 

may be necessary to accommodate the 

speakers who are present. If all 

scheduled and unscheduled speakers 

present at a session have made a 

presentation, the Board reserves the 

right to terminate the session before the 

ending times listed above. 

In order to allow all interested 

persons an opportunity to address the 

Board, the time allotted for each oral 

limited appearance statement will be no 

more than five minutes, and may be 

further limited depending on the 

number of written requests to make an 

oral statement that are submitted in 

accordance with section C below and/or 

the number of persons present at the 

designated times. At the outset of each 

statement, the speaker should identify 

himself or herself. 

Members of the public who plan to 

attend the limited appearance sessions 

are advised that security measures may 

be employed at the entrance to the 

facility, including searches of handcarried items such as briefcases or 

backpacks. Signs no larger than 18′′ by 

18′′ will be permitted during the limited 

appearance sessions, but may not be 

attached to sticks, held up, or moved 

about in the room. Cf. Policy Statement 

on Enhancing Public Participation in 

mstockstill on PROD1PC66 with NOTICES

40342 Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices 

5Copies of this order were sent this date by 

internet e-mail transmission to counsel for (1) 

licensees Entergy Nuclear Vermont Yankee, L.L.C., 

and Entergy Nuclear Operations, Inc.; (2) 

intervenors Vermont Department of Public Service 

and New England Coalition of Brattleboro, 

Vermont; (3) the Staff, and (4) the State of New 

Hampshire. 

NRC Meetings, 67 Fed. Reg. 36,920, 

36,923 (May 28, 2002). 

C. Submitting a Request to Make an 

Oral Limited Appearance Statement 

Persons wishing to make an oral 

statement who have submitted a timely 

written request to do so will be given 

priority over those who have not filed 

such a request. To be considered timely, 

a written request to make an oral 

statement must either be mailed, faxed, 

or sent by e-mail so as to be received by 

5 p.m. Eastern Daylight Time on Friday, 

October 5, 2007. The request should 

specify the session (afternoon or 

evening) during which the requester 

wishes to make an oral statement. Based 

on its review of the requests received by 

October 5, 2007, the Licensing Board 

reserves the right to cancel or shorten 

either of the sessions due to a lack of 

public interest. 

Written requests to make an oral 

statement should be submitted to: 

Mail: Office of the Secretary, 

Rulemakings and Adjudications Staff, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Fax: (301) 415–1101 (verification 

(301) 415–1966). 

E-mail: hearingdocket@nrc.gov. 

In addition, using the same method of 

service, a copy of the written request to 

make an oral statement should be sent 

to the Chairman of this Licensing Board 

as follows: 

Mail: Alex S. Karlin, Chairman, c/o: 

Marcia Carpentier, Esq., Law Clerk, 

Atomic Safety and Licensing Board 

Panel, Mail Stop T–3 E2C, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Fax: (301) 415–5599 (verification 

(301) 415–7405). 

E-mail: mxc7@nrc.gov and 

ksv@nrc.gov. 

D. Written Limited Appearance 

Statements (In Lieu of Oral Statements) 

A written limited appearance 

statement may be submitted to the 

Board regarding this proceeding at any 

time. The Board encourages early 

submissions, however, so that Board 

members will be able to consider them 

while addressing the issues in this 

proceeding. Such statements should be 

sent to the Office of the Secretary using 

the methods prescribed above, with a 

copy to the Licensing Board Chairman. 

A person who has already filed a 

written limited appearance statement in 

this matter is not required to resubmit 

it, but should notify the Board, as 

specified above, if he or she wishes to 

make an oral statement during the 

October sessions. 

III. Availability of Documentary 

Information Regarding the Proceeding 

Documents relating to this proceeding 

are available for public inspection at the 

Commission’s Public Document Room 

(PDR) or electronically from the 

publicly available records component of 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

ADAMS is accessible from the NRC Web 

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

adams.html (the Public Electronic 

Reading Room). Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR reference staff by 

telephone at (800) 397–4209, (301) 415–

4737, or by e-mail to pdr@nrc.gov. 

IV. Scheduling Information Updates 

Any updated/revised scheduling 

information regarding the limited 

appearance sessions can be found on the 

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

public-involve/public-meetings/ 

index.cfm or by calling (800) 368–5642, 

extension 5036, or (301) 415–5036. 

It is so ordered. 

For the Atomic Safety and Licensing 

Board.5

Dated: July 18, 2007. 

Alex S. Karlin, 

Chairman, Administrative Judge, Rockville, 

Maryland. 

[FR Doc. 07–3604 Filed 7–23–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–277 and 50–278] 

Exelon Generation Company, LLC, and 

PSEG Nuclear, LLC; Notice of 

Consideration of Issuance of 

Amendments to Renewed Facility 

Operating Licenses, Proposed No 

Significant Hazards Consideration 

Determination, and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Renewed Facility Operating License 

Nos. DPR–44 and DPR–56 issued to 

Exelon Generation Company, LLC, and 

PSEG Nuclear, LLC (the licensees), for 

operation of the Peach Bottom Atomic 

Power Station (PBAPS), Units 2 and 3 

located in York and Lancaster Counties, 

Pennsylvania. 

The proposed amendment would 

modify the main steam isolation valve 

(MSIV) leakage Technical Specification 

(TS) Surveillance Requirement (SR) 

3.6.1.3.14 to establish a total leakage 

rate limit for the sum of the four main 

steam lines. 

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 (10 

CFR), Part 50, Section 50.92, this means 

that operation of the facility in 

accordance with the proposed 

amendment would not (1) involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated; or (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 licensee 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 results in no 

change in radiological consequences of the 

design basis LOCA as currently analyzed for 

Peach Bottom Atomic Power Station 

[PBAPS]. This analysis was calculated 

assuming a combined total MSlV leakage at 

accident pressure for determining acceptance 

to the regulatory limits for the offsite, control 

room and Technical Support Center (TSC) 

radiation doses as contained in 10 CFR Part 

100 and 10 CFR Part 50, Appendix A, GDC 

19. The proposed change does not 

compromise existing radiological equipment 

qualification, since the combined total MSlV 

leakage rate has been factored into existing 

equipment qualification analyses for 10 CFR 

50.49. This change will not alter the 

operation of process variables, structures, 

systems, or components as described in the 

PBAPS Updated Final Safety Analysis Report 

(UFSAR). The proposed amendment does not 

alter the operational capability of the MSIVs. 

Therefore, based on the above information, 

the proposed amendment 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? 

mstockstill on PROD1PC66 with NOTICES