55166 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

Pittsburgh, Pennsylvania 15108. There 

will be two sessions to accommodate 

interested parties. The first session will 

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

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

second session will convene at 7 p.m. 

with a repeat of the overview portions 

of the meeting and will continue until 

10 p.m., as necessary. Both meetings 

will be transcribed and will include: (1) 

A presentation of the contents of the 

draft plant-specific supplement to the 

GEIS, and (2) the opportunity for 

interested government agencies, 

organizations, and individuals to 

provide comments on the draft report. 

Additionally, the NRC staff will host 

informal discussions one hour prior to 

the start of each session at the same 

location. No comments on the draft 

Supplement 36 to the GEIS will be 

accepted during the informal 

discussions. To be considered, 

comments must be provided either at 

the transcribed public meeting or in 

writing. Persons may pre-register to 

attend or present oral comments at the 

meeting by contacting Mr. Sayoc, the 

NRC Project Manager at 1–800–368– 

5642, extension 1924, or by e-mail at 

BeaverValleyEIS@nrc.gov, no later than 

October 27, 2008. Members of the public 

may also register to provide oral 

comments within 15 minutes of the start 

of each session. Individual, oral 

comments may be limited by the time 

available, depending on the number of 

persons who register. If special 

equipment or accommodations are 

needed to attend or present information 

at the public meeting, the need should 

be brought to Mr. Sayoc’s attention no 

later than October 16, 2008, to provide 

the NRC staff adequate notice to 

determine whether the request can be 

accommodated. 

For Further Information Contact: Mr. 

Sayoc, Projects Branch 2, Division of 

License Renewal, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Mail Stop O– 

11F1, Washington, DC, 20555–0001. Mr. 

Sayoc may be contacted at the 

aforementioned telephone number or email address. 

Dated at Rockville, Maryland, this 19th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Rani L. Franovich, 

Branch Chief, Projects Branch 2, Division of 

License Renewal, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–22362 Filed 9–23–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–410] 

Nine Mile Point Nuclear Station, LLC, 

Nine Mile Point Nuclear Station, Unit 

No. 2; 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 (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. NPF– 

69 issued to Nine Mile Point Nuclear 

Station, LLC (NMPNS, or the licensee) 

for operation of the Nine Mile Point 

Nuclear Station, Unit No. 2 located in 

Oswego, New York. 

The proposed amendment would 

modify Technical Specification (TS) 

3.7.3, ‘‘Control Room Envelope Air 

Conditioning (AC) System,’’ by adding 

an Action Statement to the Limiting 

Conditions for Operation. The new 

Action Statement allows a finite time to 

restore one control room envelope AC 

subsystem to operable status and 

requires verification that the control 

room temperature remains < 90 °F every 

4 hours. In its application dated July 30, 

2007, the licensee submitted its 

proposed changes as being applicable to 

the model Nuclear Regulatory 

Commission (NRC)-approved TS Task 

Force (TSTF) TSTF–477, Revision 3, 

‘‘Adding an Action Statement for Two 

Inoperable Control Room Air 

Conditioning Subsystems.’’ The 

availability of this TS improvement was 

published in the Federal Register on 

March 26, 2007 (72 FR 14143), as part 

of the consolidated line item 

improvement process. By letter dated 

September 8, 2008, the licensee 

provided administrative changes to its 

proposed TSs and a supplemental No 

Significant Hazards Consideration 

determination as shown below. 

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), 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 changes administratively 

revise the wording of TS 3.7.3, ‘‘Control 

Room Air Conditioning (AC) System,’’ and 

do not change Actions or associated 

Completion Times currently included in the 

TS (as modified by TSTF–477–A). They do 

not impact any accident initiators, the ability 

to mitigate previously evaluated accidents, or 

the assumptions used in evaluating the 

radiological consequences of previously 

evaluated accidents. The proposed changes 

do not involve the addition or removal of any 

equipment, or any design changes to the 

facility. 

Therefore, the proposed changes do 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? 

Response: No. 

The proposed changes administratively 

revise the wording of TS 3.7.3, ‘‘Control 

Room Air Conditioning (AC) System,’’ and 

do not change Actions or associated 

Completion Times currently included in the 

TS (as modified by TSTF–477–A). They do 

not involve a modification to the physical 

configuration of the plant (i.e., no new 

equipment will be installed) or involve a 

change in the methods governing normal 

plant operation. The proposed changes will 

not impose any new or different 

requirements or introduce a new accident 

initiator, accident precursor, or failure 

mechanism. 

Therefore, the proposed 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 TS changes are 

administrative in nature. They do not involve 

a modification to the physical configuration 

of the plant (i.e., no new equipment will be 

installed) or change the methods governing 

normal plant operation. The proposed 

changes do not modify the safety limits or 

setpoints at which protective actions are 

initiated, and do not change the requirements 

governing operation or availability of safety 

equipment assumed to operate to preserve 

margins of safety. 

Therefore, the proposed changes do not 

involve a significant reduction in a margin of 

safety. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55167 

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 30 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 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period should circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

Should the Commission take action 

prior to the expiration of either the 

comment period or the notice period, it 

will publish in the Federal Register a 

notice of issuance. Should the 

Commission make a final No Significant 

Hazards Consideration Determination, 

any hearing will take place after 

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 (PDR), 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. 

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 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) 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 identify 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 petitioner/requestor shall 

provide a brief explanation of the bases 

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 is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include 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 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 

hearing.docket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

ID certificate, which allows the 


jlentini on PROD1PC65 with NOTICES
55168 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

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 

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. 

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. 

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. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated July 

30, 2007, as supplemented by letters 

dated April 7 and September 8, 2008, 

which are available for public 

inspection at the Commission’s PDR, 

located at One White Flint North, File 

Public 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/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 at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 17th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Richard V. Guzman, 

Senior Project Manager, Plant Licensing 

Branch I–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–22360 Filed 9–23–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–247 and 50–286, License 

Nos. DPR–26 and DPR–64] 

Entergy Nuclear Operations, Inc., 

Entergy Nuclear Indian Point 2, LLC, 

Entergy Nuclear Indian Point 3, LLC, 

Indian Point Nuclear Generating Unit 

Nos. 2 and 3 (IP2 and IP3); Receipt of 

Request for Action Under 10 CFR 2.206 

Notice is hereby given that by petition 

dated March 30, 2008, Mr. Sherwood 

Martinelli has requested that the NRC 

(1) ‘‘* * * suspend the license for IP2 

and IP3 reactors located in Buchanan, 

NY owned by Entergy until they are 

fully in compliance with all 10 CFR 

Rules and Regulations, as well as other 

local, state and federal laws and 

regulations, and have eliminated the 

environmental risks that have 

contributed to, and/or caused my wife’s 

breast cancer,’’ and (2) ‘‘* * * halt the 

License Renewal Process.’’ 

The request is being treated pursuant 

to 10 CFR 2.206 of the Commission’s 

regulations. The request has been 

referred to the Director of the Office of 

Nuclear Reactor Regulation (NRR). The 

Petitioner participated in a conference 

call with the NRR Petition Review 

Board (PRB) on August 14, 2008, to 

discuss the petition. The additional 

information provided by the Petitioner 

was considered by the PRB before 

making its final recommendation. By 

letter dated September 15th, 2008, the 

Director accepted for review, pursuant 

to 10 CFR 2.206, the Petitioner’s 

concerns regarding the licensee’s failure 


jlentini on PROD1PC65 with NOTICES