[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Notices]
[Pages 21055-21057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8096]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0219-LR; ASLBP No. 06-844-01-LR]


Atomic Safety and Licensing Board Before Administrative Judges: 
E. Roy Hawkens, Chairman, Dr. Paul B. Abramson, Dr. Anthony J. Baratta; 
In the Matter of Amergen Energy Company, LLC (License Renewal for 
Oyster Creek Nuclear Generating Station); Notice

April 23, 2007.
    (Notice of Opportunity to Make Oral or Written Limited Appearance 
Statements).
    This proceeding concerns the July 22, 2005 application by AmerGen 
Energy Company, LLC (``AmerGen'') to renew its operating license for 
the Oyster Creek Nuclear Generating Station (``Oyster Creek'') for 
twenty years beyond the

[[Page 21056]]

current expiration date of April 9, 2009. In response to the September 
15, 2005 Notice of Opportunity for Hearing (70 FR 54585 (Sept. 15, 
2005)), two Requests for Hearing and Petitions to Intervene were filed 
on November 14, 2005. One Petition was filed by the New Jersey 
Department of Environmental Protection [hereinafter referred to as New 
Jersey], and the other Petition was filed by the Nuclear Information 
and Resource Service, Jersey Shore Nuclear Watch, Inc., Grandmothers, 
Mothers and More for Energy Safety, New Jersey Public Interest Research 
Group, New Jersey Sierra Club, and New Jersey Environmental Federation 
[hereinafter referred to collectively as Citizens]. On December 9, 
2005, this Atomic Safety and Licensing Board was established to preside 
over the proceeding.
    On February 27, 2006, this Board issued a Memorandum and Order in 
which we (LBP-06-07, 63 NRC 188 (2006)): (1) Denied New Jersey's 
Request for Hearing and Petition to Intervene;\1\ and (2) granted 
Citizens' Request for Hearing and Petition to Intervene. We concluded 
that Citizens' contention was admissible to the extent it challenged 
AmerGen's aging management program for measuring corrosion in the sand 
bed region of the drywell liner (id. at 217).
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    \1\ Although New Jersey established standing, the Board 
concluded that it failed to proffer an admissible contention. The 
Nuclear Regulatory Commission sustained the Board's ruling. CLI-07-
08, 65 NRC -- (slip op.) (Feb. 26, 2007); CLI-06-24, 64 NRC 111 
(2006).
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    Subsequently, on June 6, 2006, this Board issued a Memorandum and 
Order in which we concluded that Citizens' contention, as admitted by 
the Board, was a contention of omission that had been cured as a result 
of newly docketed commitments by AmerGen to perform periodic UT 
measurements in the sand bed region of the drywell liner throughout the 
period of extended operation (LBP-06-16, 63 NRC 737 (2006)). Instead of 
dismissing the proceeding, the Board gave Citizens the opportunity to 
file a new contention raising one or more specific substantive 
challenges to AmerGen's new periodic UT program for the sand bed region 
(id. at 744). On June 23, Citizens submitted a Petition to file new 
contentions, and on October 10, this Board admitted one of the newly 
proffered contentions; namely, Citizens' assertion that AmerGen's 
scheduled UT monitoring frequency in the sand bed region of the drywell 
shell during the renewal period is insufficient to maintain an adequate 
safety margin (LBP-06-22, 64 NRC 229, 240-44 (2006)).
    This Atomic Safety and Licensing Board hereby gives notice that, in 
accordance with 10 CFR 2.315(a), the Board will entertain oral limited 
appearance statements from members of the public in connection with 
this proceeding at the date, time, and location specified below:

A. Date, Time, and Location of Oral Limited Appearance Statement 
Sessions

    The sessions will be held on the following date at the specified 
location and time:
    Date: Thursday, May 31, 2007.
    Times: Session I: 2 p.m. EDT until 4 p.m. EDT Session II: 7 p.m. 
EDT until 9 p.m. EDT
    Location: Ocean County Administration Building, Room 119, 101 
Hooper Avenue, Toms River, NJ 08754.

B. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, or the representative of a party, to the 
proceeding will be permitted to make an oral statement setting forth 
his or her position on matters of concern relating to this proceeding. 
Although these statements do not constitute testimony or evidence in 
the proceeding, they nonetheless may assist the Board and/or the 
parties in their consideration of the issues. In particular, these 
statements may serve to alert the Board and the parties to areas in 
which evidence may need to be adduced.
    Oral limited appearance statements will be entertained during the 
hours specified above, or such lesser time as might be necessary to 
accommodate the speakers who are present.\2\ In this regard, if all 
scheduled and unscheduled speakers present at the session have made a 
presentation, the Licensing Board reserves the right to terminate the 
session before the ending time listed above. In order to allow all 
interested persons an opportunity to address the Board, the time 
allotted for each statement normally will be no more than five (5) 
minutes, but 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 time.
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    \2\ 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 
hand-carried items such as briefcases, backpacks, packages, etc. In 
addition, although signs no larger than 18'' by 18'' will be 
permitted, they may not be waved, attached to sticks, held up, or 
moved about in the room. See Procedures for Providing Security 
Support for NRC Public Meetings/Hearings, 66 Fed. Reg. 31,719 (June 
12, 2001).
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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 and who are present when their names are called 
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 
be mailed, faxed, or sent by e-mail so as to be received by 5 p.m. EDT 
on Friday, May 25, 2007. The request must specify the requestor's name, 
and session (Session I or II) during which the requestor wishes to make 
an oral statement. 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: <a href="/cdn-cgi/l/email-protection#d6beb3b7a4bfb8b1b2b9b5bdb3a296b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="68000d091a01060f0c070b030d1c28061a0b460f071e">[email protected]</span></a>.
    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: Administrative Judge E. Roy Hawkens, c/o: Debra Wolf, Esq., 
Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 F23, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-6094).
    E-mail: <a href="/cdn-cgi/l/email-protection#e4808593d5a48a9687ca838b92"><span class="__cf_email__" data-cfemail="adc9ccda9cedc3dfce83cac2db">[email protected]</span></a>.

D. Submitted Written Limited Appearance Statements

    A written limited appearance statement may be submitted to the 
Board regarding this proceeding at any time, either in lieu of or in 
addition to any oral statement. Such statements should be sent to the 
Office of the Secretary using the methods prescribed above, with a copy 
to the Licensing Board Chairman.

E. 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), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically from the publicly available records 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at www.nrc.gov/reading-rm/adams.html (Electronic 
Reading Room). Persons who do not

[[Page 21057]]

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 or (301) 415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#dfafbbad9fb1adbcf1b8b0a9"><span class="__cf_email__" data-cfemail="c2b2a6b082acb0a1eca5adb4">[email protected]</span></a>.

F. Scheduling Information Updates

    To the extent updated/revised scheduling information exists 
regarding the limited appearance session, it can be found on the NRC 
Web site at www.nrc.gov/public-involve/public-meetings/index.cfm or by 
calling (800) 368-5642, extension 5036, or (301) 415-5036.

    For the Atomic Safety and Licensing Board.\3\
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    \3\ Copies of this Notice were sent this date by Internet e-mail 
to counsel for: (1) Citizens; (2) AmerGen; (3) the NRC Staff; and 
(4) New Jersey.
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    Dated: Issued in Rockville, Maryland, April 23, 2007.
E. Roy Hawkens, Chairman,
Administrative Judge.
[FR Doc. E7-8096 Filed 4-26-07; 8:45 am]
BILLING CODE 7590-01-P


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