Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24993 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 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, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree 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 first-class 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 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. 

If a person other than the Licensee 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Confirmatory Order and shall 

address the criteria set forth in 10 CFR 

2.309(d) and (f). 

If the hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

VII 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date this Confirmatory Order is 

published in the Federal Register 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. A 

request for hearing shall not stay the 

immediate effectiveness of this 

confirmatory order. 

Dated this 26th day of April 2010. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Deputy Regional Administrator for 

Operations. 

[FR Doc. 2010–10678 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–011; NRC–2008–0252] 

Southern Nuclear Operating Company; 

Notice of Consideration of Issuance of 

Amendment to Early Site Permit, 

Proposed No Significant Hazards 

Consideration Determination, and 

Opportunity for a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request, opportunity to comment, and 

opportunity to request a hearing. 

DATES: Submit comments by May 20, 

2010. Requests for a hearing or leave to 

intervene must be filed by July 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Chandu Patel, Project Manager, AP1000 

Projects Branch 1, Division of New 

Reactors 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– 

0252 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 

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–2008–0252. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rulemaking, 

Announcements and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

mstockstill on DSKH9S0YB1PROD with NOTICES

24994 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

DC 20555–0001, or by 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 O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

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 by e-mail to 

pdr.resource@nrc.gov. The application 

dated April 20, 2010, as supplemented 

on April 23, 2010 and April 28, 2010 is 

available electronically under ADAMS 

Accession Numbers ML101120089 and 

ML101160531. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2008–0252. 

SUPPLEMENTARY INFORMATION: 

1. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Early Site Permit (ESP) No-004, 

issued to Southern Nuclear Operating 

Company (SNC), for Vogtle Electric 

Generating Plant (VEGP) Units 3 and 4 

site located in Burke County, Georgia. 

The proposed amendment would 

change the Vogtle Electric Generating 

Plant Units 3 and 4 ESP site safety 

analysis report (SSAR) to allow the use 

and placement of Category 1 and 2 

backfill from onsite borrow areas not 

specifically identified in the VEGP 

Units 3 and 4 SSAR. In accordance with 

Title 10 of the Code of Federal 

Regulations (10 CFR) Section 52.39(e) 

changes to the ESP SSAR require prior 

Commission approval through an 

amendment to the ESP. 

As discussed in the licensee’s 

application dated April 20, 2010, SNC 

requested that the proposed amendment 

be processed by the NRC on an exigent 

basis in accordance with the provisions 

in 10 CFR 50.91(a)(6) because safetyrelated construction activities will be 

halted when available deposits of 

Category 1 and 2 backfill material is 

exhausted by May 23, 2010. SNC 

requested approval of the proposed 

amendment by May 14, 2010. SNC also 

stated that suspension of backfill 

operations prior to reaching the 180 feet 

msl elevation could have potential 

adverse effects on safety and the 

environment due to the potential for 

erosion and other environmental 

damage for delays in operations. In 

addition, SNC stated the following: 

In addition, the inability to use backfill 

from the additional areas could cause a 

disruption in the construction schedule for 

the project. Vogtle 3 and 4 operations are 

supporting a staff of over 900 people. Any 

significant delays would require curtailing 

operations and reinitiating operations at a 

later time. There are significant economic 

costs associated with the schedule and 

staffing impacts. 

On April 23, 2010, the licensee 

provided the following additional 

information regarding the exigent 

circumstances: 

Once backfill activities have started, a 

protracted interruption in backfill activities 

could result in the following impacts to the 

construction project: 

1. Backfill rework—The upper layers of 

compacted fill material would experience 

some erosive channeling, loss of fines, and 

possible contamination from materials 

washed down from the side slopes. These 

effects could be mitigated to some extent by 

protecting the surface with other materials, 

but significant rainfall events can result in 

flooding or failure of the surface water 

control features. Upon restart of backfill 

activities, it is expected that the fill to some 

depth (2–3 feet) would need to be removed 

and the surface reworked as deemed 

necessary, and new material brought in for 

compaction. Locally, repairs could be deeper 

than the top several feet. 

2. Loss of available qualified fill—Any 

material removed as described above would 

likely be spoiled due to the hydraulic effects 

of erosion and sedimentation on the 

material’s gradation, and possibly due to 

contamination from material from the side 

slopes. Also, any stockpiles of material will 

experience some loss of material during 

prolonged construction delays. For Vogtle, 

this adds to the Category 1 & 2 backfill 

shortage discussed during the NRC public 

meeting on April 6. 

3. Backfill Efficiency—Backfill is a timesensitive activity that is most efficiently 

accomplished without interruption. This is 

partly due to the impacts of delays discussed 

above, but also due to the lost opportunity to 

complete activities during periods of 

favorable weather. A single severe rain event 

can cause considerable delay and rework, 

and a series of well-timed storms can bring 

backfill activities to a standstill for weeks. 

Prolonged delays increase the exposure time 

for weather-caused delays and repairs. 

It should be noted that such a delay was 

experienced during construction of Vogtle 

Units 1 and 2. A heavy storm in November 

1979 resulted in some erosion of Seismic 

Category 1 backfill around and to a minor 

extent beneath the edges of the Seismic 

Category 1 buildings under construction at 

the time of the significant rain event. This 

resulted in the Nuclear Regulatory 

Commission stopping certain backfill work 

for about six months and for a short period 

stopping all construction work in the power 

block area while the impacts on the backfill 

were evaluated. 

4. Environmental impacts—Delays in 

backfill activities will result in some of the 

permitted disturbed areas around the site 

remaining open longer than necessary. SNC 

has permitted the construction site as a series 

of separately permitted disturbed areas with 

the intention of restoring and closing areas 

upon completion of the associated work. An 

extended delay in backfill will result in some 

areas remaining open longer than necessary. 

While the stormwater control features are 

designed to protect the environment, it is 

prudent to minimize the time these features 

are relied upon to control stormwater and the 

effects of erosion on the site and siltation on 

the local streams and the Savannah River. 

Based on the above information the 

staff intends to process the amendment 

following the exigent notice provisions 

of 10 CFR 50.91(a)(6). 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. 

Pursuant to 10 CFR 50.91(a)(6) for 

amendments to be granted under 

exigent circumstances, the NRC staff 

must also determine that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in 10 CFR 

50.92, this means that continuation of 

construction activities at VEGP Units 3 

and 4 site 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 SSAR change does not 

significantly increase the probability or 

consequences of an accident previously 

evaluated in the SSAR. An evaluation was 

performed to show that the proposed 

addition of borrow areas to the SSAR does 

not affect seismic analysis or hydrologic 

analysis. Category 1 and 2 backfill from areas 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24995 

on the VEGP site not specifically identified 

in the SSAR is from the same geological 

formations, and possesses the same 

properties as backfill obtained from the three 

areas originally identified in the SSAR. 

Additionally, the backfill material meets the 

requirements of SSAR Section 2.5.4.5.3 and 

will be excavated and placed following the 

requirements of SSAR Section 2.5.4.5.5. 

Based on the above, the use of qualified 

Category 1 and 2 backfill material from areas 

of the VEGP site not specifically identified in 

the SSAR does not affect the Vogtle sitespecific seismic analyses including the site 

response for the Ground Motion Response 

Spectra (GMRS) and the Vogtle site-specific 

SASSI seismic analyses of the Nuclear Island 

(NI). Because the backfill material from the 

additional onsite borrow areas is from the 

same geological deposit assumed in the 

analysis and meets the requirements of SSAR 

Section 2.5.4.5.3 and will be extracted and 

placed using the requirements of SSAR 

Section 2.5.4.5.5, the hydrological analysis 

will be unaffected. As such, the use of 

Category 1 and 2 backfill material from the 

VEGP site not specifically identified in the 

SSAR does not affect the accidental radiation 

release to groundwater evaluated in the 

SSAR. Therefore, the proposed SSAR change 

does not significantly increase 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 SSAR change does not create 

the possibility of a new or different kind of 

accident than any accident already evaluated 

in the SSAR. Category 1 and 2 backfill from 

areas on the VEGP site not specifically 

identified in the SSAR is from the same 

geological formations, and possesses the 

same properties as backfill obtained from the 

three areas originally identified in the SSAR, 

meets the requirements of SSAR Section 

2.5.4.5.3 and will be excavated and placed 

following the requirements of SSAR Section 

2.5.4.5.5. As the backfill material from 

additional onsite borrow locations will meet 

all of the criteria contained in the ESP, no 

new accident scenarios, failure mechanisms 

or limiting single failures are introduced as 

a result of the proposed changes. The 

changes have no adverse effects on any 

safety-related system and do not challenge 

the performance or integrity of any safetyrelated system. Therefore, all accident 

analyses criteria continue to be met and these 

changes do 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 SSAR change does not 

involve a reduction in a margin of safety. 

Category 1 and 2 backfill from areas on the 

VEGP site not specifically identified in the 

SSAR is from the same geological formation, 

possesses the same properties as backfill 

obtained from the three areas originally 

identified in the SSAR, meets the 

requirements of SSAR Section 2.5.4.5.3 and 

will be excavated and placed following the 

requirements of SSAR Section 2.5.4.5.5. All 

evaluations for the use of Category 1 and 2 

materials from the VEGP site show that there 

is no effect on the SSAR’s reported 

foundation bearing capacities, calculated 

settlements, GMRS, or Foundation Input 

Response Spectra (FIRS). The evaluations 

and analyses results demonstrate applicable 

acceptance criteria are met. Therefore, the 

proposed changes do not involve a reduction 

in a margin of safety. 

The NRC staff has reviewed the 

licensee’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 14 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

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 part 2, section 2.309, 

which is available at the NRC’s Public 

Document Room (PDR), located at O1 

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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

24996 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

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 July 6, 2010. 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 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 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling 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 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by 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 ESubmittal 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 EIE, 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 

(PDF) in accordance with 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 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 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, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24997 

determines that the reason for granting 

the exemption from use of E-Filing no 

longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in 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 May 

6, 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 30th day 

of April 2010. 

For the Nuclear Regulatory Commission. 

Chandu Patel, 

Project Manager, AP 1000 Projects Branch 

1, Division of New Reactor Licensing, Office 

of New Reactors. 

[FR Doc. 2010–10676 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–266 and 50–301; NRC– 

2010–0173] 

FPL Energy Point Beach, LLC; Point 

Beach Nuclear Plant, Units 1 and 2; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an amendment for Renewed 

Facility Operating License Nos. DPR–24 

and DPR–27, issued to FPL Energy Point 

Beach, LLC (the licensee), for operation 

of the Point Beach Nuclear Plant, Units 

1 and 2, located in Town of Two Creeks, 

Manitowoc County, Wisconsin. 

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 change 

the legal name of the Licensee and 

Owner from ‘‘FPL Energy Point Beach, 

LLC’’ to ‘‘NextEra Energy Point Beach, 

LLC.’’ The proposed action would also 

make an administrative change to 

correct an error in the license by 

changing ‘‘FPLE Group Capital’’ to ‘‘FPL 

Group Capital.’’ 

The proposed action is in accordance 

with the licensee’s application dated 

April 17, 2009, as supplemented by 

letter dated January 19, 2010. 

The Need for the Proposed Action 

The proposed action is necessary to 

reflect the legal change of name of the 

Licensee and Owner on April 16, 2009. 

Also, the proposed action is necessary 

to correct a typographical error in 

Appendix C which incorrectly labels the 

parent company. 

Environmental Impacts of the Proposed 

Action 

The NRC has concluded in its safety 

evaluation of the proposed action that 

since this action is for a name change 

and error correction only that (1) there 

is a reasonable assurance that the health 

and safety of the public will not be 

endangered by operation in the 

proposed manner, (2) such activities 

will be conducted in compliance with 

the Commission’s regulations, and (3) 

the issuance of the amendments will not 

be inimical to the common defense and 

security or to the health and safety of 

the public. 

The details of the NRC staff’s review 

of the proposed amendment will be 

provided in the Safety Evaluation 

document supporting 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 offsite. There is no 

significant increase in the amount of 

any effluent released offsite. There is no 

significant increase in individual or 

cumulative occupational radiation 

exposure. Therefore, there are no 

significant radiological environmental 

impacts associated with the proposed 

action. 

With regard to potential nonradiological impacts, the proposed 

action does not have a potential to affect 

any historic sites. It does not affect nonradiological plant effluents and has no 

other environmental impact. Therefore, 

there are no significant non-radiological 

environmental impacts associated with 

the proposed action. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered denial of the 

proposed action (i.e., the ‘‘no-action’’ 

alternative). Denial of the application 

would result in no change in current 

environmental impacts. The 

environmental impacts of the proposed 

action and the alternative action are 

similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement for Point 

Beach Nuclear Plant, Units 1 and 2, 

dated May 1972 and in NUREG–1437, 

Supplement 23, ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Plants [regarding Point Beach 

Nuclear Plant, Units 1 and 2],’’ dated 

August 2005. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on October 22, 2009, and April 14, 2010, 

the staff consulted with the Wisconsin 

State official, Jeff Kitsembel, regarding 

the environmental impact of the 

proposed action. The State official had 

no comment. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated April 17, 2009, as supplemented 

by letter dated January 19, 2010. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management System 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site, 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 PDR Reference staff by telephone 

mstockstill on DSKH9S0YB1PROD with NOTICES