Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50649 

Register and served on the parties to the 

hearing. 

Within 30 days from the date of 

publication of this notice, persons may 

submit written comments regarding the 

permit transfer application, as provided 

for in 10 CFR 2.1305. The Commission 

will consider and, if appropriate, 

respond to these comments, but such 

comments will not otherwise constitute 

part of the decisional record. Comments 

are not subject to the E-Filing rule and 

should be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and should cite the publication date and 

page number of this Federal Register 

notice. Comments may also be sent by 

e-mail to hearingdocket@nrc.gov. 

For further details with respect to this 

permit transfer application, see the 

application dated April 24, 2008, 

available for public inspection at the 

Commission’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 

Agency wide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

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

The accession number for the 

application is ML081210412. The 

application is also available at http:// 

www.nrc.gov/reactors/new-licensing/ 

col.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 

at 1–800–397–4209, or 301–415–4737 or 

by e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 21st day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Thomas A. Kevern, 

Senior Project Manager, ESBWR/ABWR 

Projects Branch 1, Division of New Reactor 

Licensing, Office of New Reactors. 

[FR Doc. E8–19836 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–247] 

Notice of Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of an 

amendment to Facility Operating 

License No. DPR–26, issued to Entergy 

Nuclear Operations, Inc. (Entergy or the 

licensee), for operation of the Indian 

Point Nuclear Generating Unit No. 2 

(IP2) located in Westchester County, 

New York. 

The proposed amendment would 

change Technical Specification (TS) 

3.8.1, Required Action A.4, to allow a 

one time extension to the completion 

time for the loss of one offsite power 

circuit from 72 hours to 144 hours to 

support replacement of one of the 

station auxiliary transformer (SAT) 

cooling oil pumps. 

This condition is exigent for IP2, as 

the cooling pump failure was not 

anticipated and the maintenance is 

considered to be urgent. The licensee 

estimated that the cooling oil pump 

replacement would take about 60 hours, 

which leaves little to no margin to the 

current 72-hour completion time. 

Circumstances such as delays in 

removal of old pump or installation of 

new pump, or additional work activities 

identified when old pump is removed, 

or anomalies detected during testing of 

the new pump while in place, may 

require some extension of the scheduled 

work. 

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 determine that the amendment 

request involves no significant hazards 

consideration. Under the Commission’s 

regulations in 10 CFR 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 change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. The proposed change will 

revise the completion time for the loss of one 

offsite power source from 72 hours to 144 

hours. The proposed one time extension of 

the completion time for the loss of one offsite 

power circuit does not significantly increase 

the probability of an accident previously 

evaluated. The Station Auxiliary Transformer 

(SAT) is not the initiator of previously 

evaluated accidents involving a loss of offsite 

power. The proposed one time extension to 

the completion time for loss of offsite power 

will not significantly increase the 

consequences of an accident previously 

evaluated. The Technical Specifications 

continue to require equipment needed to 

power the 480 V buses that will power safety 

related equipment necessary to perform any 

required safety function. The one time 

extension of the completion time by 72 hours 

does not affect the design of the SAT, the 

interface of the SAT with other plant 

systems, the operating characteristics of the 

SAT or the reliability of the SAT. Therefore, 

the proposed change does not involve 

significant increase in the probability or 

consequences of previously evaluated 

accidents. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. The proposed change will 

only affect the time allowed to restore the 

operability of the offsite power source 

through the SAT. The proposed changes do 

not affect the design, configuration or 

operation of the plant. There are no changes 

to the SAT or the supporting systems 

operating characteristics or conditions. 

Therefore, there are no potential new system 

interactions or failures that could create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated. The plant remains analyzed for a 

total loss of offsite power. 

3. Does the proposed change involve a 

significant reduction in a margin of safety? 

Response: No. The proposed change will 

revise the completion time for an offsite AC 

power circuit but does not affect the Limiting 

Conditions for Operation used to establish 

the margin of safety. The increase in the 

completion time increases the period when 

the plant may be operating with one offsite 

power source. The margin of safety is 

maintained by maintaining the ability to 

safely shut the plant down and remove 

residual heat. Actions will be taken to 

perform work during periods of lower risk to 

grid stability and to provide assurance that 

required equipment is kept operable and 

provided with a backup onsite power source 

in addition to the normal sources. The 

proposed change does not involve a 

significant reduction in the margin of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 


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50650 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

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. 

Normally, the Commission will not 

issue the amendment until the 

expiration of the 14-day notice period. 

However, should circumstances change 

during the notice period, such that 

failure to act in a timely way would 

result, for example, in derating or 

shutdown of the facility, the 

Commission may issue the license 

amendment before the expiration of the 

14-day notice period, provided that its 

final determination is that the 

amendment involves no significant 

hazards consideration. The final 

determination will consider all public 

and State comments received. Should 

the Commission take this action, it will 

publish in the Federal Register a notice 

of issuance. The Commission expects 

that the need to take this action will 

occur very infrequently. 

Written comments may be submitted 

by mail to the Chief, Rulemaking, 

Directives and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and should cite the publication 

date and page number of this Federal 

Register notice. Written comments may 

also be delivered to Room 6D59, Two 

White Flint North, 11545 Rockville 

Pike, Rockville, Maryland, from 7:30 

a.m. to 4:15 p.m. Federal workdays. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room, located at One White 

Flint North, Public File Area O1 F21, 

11555 Rockville Pike (first floor), 

Rockville, Maryland. 

The filing of requests for hearing and 

petitions for leave to intervene is 

discussed below: 

Within 60 days after the date of 

publication of this notice, the person(s) 

may file a request for a hearing with 

respect to issuance of the amendment to 

the subject facility operating license and 

any person(s) whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written request 

via electronic submission through the 

NRC E-filing system for a hearing and a 

petition for leave to intervene. 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 person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s PDR, 

located at One White Flint North, Public 

File Area O1F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible from the Agencywide 

Documents Access and Management 

System’s (ADAMS) Public Electronic 

Reading Room on the Internet at the 

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

reading-rm/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, 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 and/or 

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. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the basis 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner/requestor must 

also provide references to those specific 

sources and documents of which the 

petitioner/requestor is aware and on 

which the petitioner/requestor intends 

to rely to establish those facts or expert 

opinion. The petitioner/requestor must 

provide sufficient information to show 

that a genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the petitioner/ 

requestor to relief. A petitioner/ 

requestor who fails to satisfy these 

requirements with respect to at least one 

contention will not be permitted to 

participate as a party. 

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. 

If 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 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. 

A request for hearing or a petition for 

leave to intervene must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve 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 a waiver 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 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

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/applycertificates.html. Once a petitioner/ 

requestor has obtained a digital ID 

certificate, had a docket created, and 

downloaded the EIE viewer, it 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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50651 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE system also distributes an e-mail 

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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. Participants 

who believe that they have a good cause 

for not submitting documents 

electronically must file a motion, 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. 

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, an Atomic Safety and 

Licensing Board, or a 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. 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 submissions. 

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 and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)-(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

For further details with respect to this 

exigent license application, see the 

application for amendment dated July 

30, 2008, which is available for public 

inspection at the Commission’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’s 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site http://www.nrc.gov/readingrm.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 

at 1–800–397–4209, or 301–415–4737, 

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

Dated at Rockville, Maryland, this 19th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

John P. Boska, 

Senior Project Manager, Plant Licensing 

Branch I–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–19838 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 030–10346; License No.: 50–

16084–01; EA–08–196] 

In the Matter of Alaska Industrial XRay, Inc., Anchorage, AK; Order 

Modifying License (Effective 

Immediately) 

I 

Alaska Industrial X-Ray, Inc. (AIX or 

Licensee) is the holder of Materials 

License No. 50–16084–01 issued by the 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR 

Parts 30–36, 39, 40, and 70 and last 

amended on November 2, 2007, and due 

to expire on March 31, 2011. The 

license authorizes AIX to possess and 

use sealed radioactive sources in 

conducting industrial radiography 

activities in accordance with the 

conditions specified therein. 

II 

In June 2007, the NRC conducted an 

onsite inspection and began an 

investigation into AIX activities to 

determine whether deliberate violations 

of NRC requirements occurred. During 

the investigation, the NRC discovered 

that AIX radiographers had conducted 

radiography activities in violation of 10 

CFR 34.41(a) on multiple occasions at 

the Arctic Slope Regional Corporation 

Energy Services (ASRC) site and the 

Golovin site, both temporary jobsites. Of 

concern is that the NRC previously had 

issued an identical violation of 10 CFR 

34.41(a) involving deliberate 

misconduct at the ASRC site on April 

25, 2001 (EA–01–015). Based on the 

preliminary information from the 

investigation, the NRC issued an Order 

Suspending Licensed Activities (EA–

07–261) on October 19, 2007, which, 

among other conditions, required that 

AIX suspend its radiography activities 

until adequate assurance could be 

provided by independent means that 

AIX would comply with NRC 

requirements when conducting licensed 

activities. On November 8, 2007, the 

NRC relaxed the Order based on several 

actions taken and commitments made 

by AIX to the NRC. The Order was a 

temporary measure while the NRC 

completed its investigation and 

reviewed the results. Once completed, 

the results of the inspection and 

investigation were discussed with AIX 

during a telephonic exit briefing on 

April 23, 2008, and were documented in 

NRC Inspection Report No. 030–10346/ 

07–01 dated May 20, 2008. 

On June 5, 2008, a predecisional 

enforcement conference (PEC) was 


sroberts on PROD1PC70 with NOTICES