57154 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

Delegation of Authority to Close 

Advisory Committee Meetings, dated 

July 19, 1993, I have determined that the 

meeting would fall within exemption (4) 

of 5 U.S.C. 552(b) and that it is essential 

to close the meeting to protect the free 

exchange of views and to avoid 

interference with the operations of the 

Committee. 

It is suggested that those desiring 

more specific information contact 

Advisory Committee Management 

Officer, Michael P. McDonald, 1100 

Pennsylvania Avenue, NW., 

Washington, DC 20506, or call 202–606– 

8322. 

Michael P. McDonald, 

Advisory Committee Management Officer. 

[FR Doc. E8–23141 Filed 9–30–08; 8:45 am] 

BILLING CODE 7536–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–305] 

Notice of Acceptance for Docketing of 

the Application and Notice of 

Opportunity for Hearing Regarding 

Renewal of Facility Operating License 

No. DPR–43 for an Additional 20-Year 

Period; Dominion Energy Kewaunee, 

Inc.; Kewaunee Power Station 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for the 

renewal of operating license DPR–43, 

which authorizes Dominion Energy 

Kewaunee, Inc. (DEK), to operate the 

Kewaunee Power Station (KPS), at 1772 

megawatts thermal. The renewed 

license would authorize the applicant to 

operate KPS for an additional 20 years 

beyond the period specified in the 

current license. KPS is located near 

Kewaunee, WI, and its current operating 

license expires on December 21, 2013. 

DEK submitted the application dated 

August 14, 2008, pursuant to Title 10, 

Part 54, of the Code of Federal 

Regulations (10 CFR Part 54), to renew 

operating license DPR–43 for KPS. A 

notice of receipt and availability of the 

license renewal application (LRA) was 

published in the Federal Register on 

August 29, 2008 (73 FR 51023). 

The Commission’s staff has 

determined that DEK has submitted 

sufficient information in accordance 

with 10 CFR Sections 54.19, 54.21, 

54.22, 54.23, 51.45, and 51.53(c), to 

enable the staff to undertake a review of 

the application, and the application is 

therefore acceptable for docketing. The 

current Docket No. 50–305, for 

operating license DPR–43, will be 

retained. The determination to accept 

the license renewal application for 

docketing does not constitute a 

determination that a renewed license 

should be issued, and does not preclude 

the NRC staff from requesting additional 

information as the review proceeds. 

Before issuance of the requested 

renewed license, the NRC will have 

made the findings required by the 

Atomic Energy Act of 1954 (the Act), as 

amended, and the Commission’s rules 

and regulations. In accordance with 10 

CFR 54.29, the NRC may issue a 

renewed license on the basis of its 

review if it finds that actions have been 

identified and have been or will be 

taken with respect to: (1) Managing the 

effects of aging during the period of 

extended operation on the functionality 

of structures and components that have 

been identified as requiring aging 

management review; and (2) timelimited aging analyses that have been 

identified as requiring review, such that 

there is reasonable assurance that the 

activities authorized by the renewed 

license will continue to be conducted in 

accordance with the current licensing 

basis (CLB), and that any changes made 

to the plant’s CLB will comply with the 

Act and the Commission’s regulations. 

Additionally, in accordance with 10 

CFR 51.95(c), the NRC will prepare an 

environmental impact statement that is 

a supplement to the Commission’s 

NUREG–1437, ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Power Plants,’’ dated May 

1996. In considering the LRA, the 

Commission must find that the 

applicable requirements of Subpart A of 

10 CFR Part 51 have been satisfied, and 

that matters raised under 10 CFR 2.335 

have been addressed. Pursuant to 10 

CFR 51.26, and as part of the 

environmental scoping process, the staff 

intends to hold a public scoping 

meeting. Detailed information regarding 

the environmental scoping meeting will 

be the subject of a separate Federal 

Register notice. 

Within 60 days after the date of 

publication of this Federal Register 

notice, any person whose interest may 

be affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written request 

for a hearing and a petition for leave to 

intervene with respect to the renewal of 

the license. Requests for a hearing or 

petitions for leave to intervene must be 

filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings and 

Issuance of Orders’’ in 10 CFR Part 2. 

Interested persons should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852 

and is accessible from the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the Internet 

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

adams.html. Persons who do not have 

access to the Internet or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209, or 301–415–4737, 

or by e-mail at PDR@nrc.gov. If a request 

for a hearing/petition for leave to 

intervene is filed within the 60-day 

period, 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 Panel will 

issue a notice of a hearing or an 

appropriate order. In the event that no 

request for a hearing or petition for 

leave to intervene is filed within the 60- 

day period, the NRC may, upon 

completion of its evaluations and upon 

making the findings required under 10 

CFR Parts 51 and 54, renew the license 

without further notice. 

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, taking into 

consideration the limited scope of 

matters that may be considered 

pursuant to 10 CFR Parts 51 and 54. The 

petition must specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following factors: (1) The nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (2) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) 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 set forth 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 requestor/petitioner shall 

provide a brief explanation of the basis 

for each contention and a concise 

statement of the alleged facts or the 

expert opinion that supports the 

contention on which the requestor/ 

petitioner intends to rely in proving the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57155 

1To the extent that the application contains 

attachments and supporting documents that are not 

publicly available because they are asserted to 

contain safeguards or proprietary information, 

petitioners desiring access to this information 

should contact the applicant or applicant’s counsel 

to discuss the need for a protective order. 

contention at the hearing. The 

requestor/petitioner must also provide 

references to those specific sources and 

documents of which the requestor/ 

petitioner is aware and on which the 

requestor/petitioner intends to rely to 

establish those facts or expert opinion. 

The requestor/petitioner must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact.1 Contentions shall be limited to 

matters within the scope of the action 

under consideration. The contention 

must be one that, if proven, would 

entitle the requestor/petitioner to relief. 

A requestor/petitioner who fails to 

satisfy these requirements with respect 

to at least one contention will not be 

permitted to participate as a party. 

The Commission requests that each 

contention be given a separate numeric 

or alpha designation within one of the 

following groups: (1) Technical 

(primarily related to safety concerns); 

(2) environmental; or (3) miscellaneous. 

As specified in 10 CFR 2.309, if two 

or more requestors/petitioners seek to 

co-sponsor a contention or propose 

substantially the same contention, the 

requestors/petitioners will be required 

to jointly designate a representative who 

shall have the authority to act for the 

requestors/petitioners with respect to 

that contention. 

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. A request for hearing or a 

petition for leave to intervene must be 

filed in accordance with the NRC EFiling rule, which the NRC promulgated 

in August, 2007, 72 FR 49139 (Aug. 28, 

2007). 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 

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 submission. 

Detailed information about the license 

renewal process can be found under the 

Nuclear Reactors icon at http:// 

www.nrc.gov/reactors/operating/ 

licensing/renewal.html on the NRC’s 

Web site. Copies of the application to 

renew the operating license for KPS are 

available for public inspection at the 

Commission’s PDR, located at One 


jlentini on PROD1PC65 with NOTICES
57156 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852– 

2738, and at http://www.nrc.gov/ 

reactors/operating/licensing/renewal/ 

applications.html, the NRC’s Web site 

while the application is under review. 

The application may be accessed in 

ADAMS through the NRC’s Public 

Electronic Reading Room on the Internet 

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

adams.html under ADAMS Accession 

Number ML082341038. As stated above, 

persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS may contact the NRC Public 

Document Room (PDR) Reference staff 

by telephone at 1–800–397–4209 or 

301–415–4737, or by e-mail to 

PDR@nrc.gov. 

The NRC staff has verified that a copy 

of the license renewal application is 

also available to local residents near 

KPS, at the Kewaunee Public Library, 

822 Juneau St., Kewaunee, WI 54216. 

Dated at Rockville, Maryland, this 25th day 

of September, 2008. 

For the Nuclear Regulatory Commission. 

Brian E. Holian, 

Director, Division of License Renewal, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E8–23090 Filed 9–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–3392] 

Honeywell International, Inc.; 

Honeywell Metropolis Works; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption from 10 CFR 

30, Appendix C, for Materials License 

No. SUB–456, issued to Honeywell 

International, Inc. (Honeywell or the 

licensee), for operation of the 

Honeywell Metropolis Works, located in 

Metropolis, Illinois. As required by 10 

CFR 51.21, the NRC has prepared this 

environmental assessment and finds 

that granting the exemption request will 

have no significant impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would allow 

Honeywell an extension of a one-year 

exemption, previously granted by NRC 

via letter dated May 11, 2007, from a 

portion of the financial test in 10 CFR 

30, Appendix C, which requires that 

Honeywell’s year end tangible net worth 

be equal to at least ten times its total 

decommissioning liabilities. The 

exemption granted by NRC allowed 

Honeywell to include goodwill in the 

determination of tangible net worth and 

was contained in License Condition 

(LC) –27 in its Materials License No. 

SUB–526 renewed on May 11, 2007. 

The proposed action is in accordance 

with the licensee’s application dated 

April 11, 2008, as supplemented by 

letter dated May 15, 2008. 

The Need for the Proposed Action 

The proposed action would allow 

Honeywell an extension of a previously 

approved exemption from the same 

portion of the financial test in 10 CFR 

30, Appendix C, until the earlier 

occurrence of (1) May 11, 2009, or (2) 

the effective date of a final rule 

amending 10 CFR Part 30 consistent 

with the proposed rule published in the 

Federal Register on January 22, 2008. 

Since May 26, 1994, Honeywell has 

provided a corporate self-guarantee as 

financial assurance for 

decommissioning as required by 10 CFR 

Part 30 Appendix C (as made applicable 

by 10 CFR Part 40.36(e)(2)). However, in 

a letter dated November 3, 2006, 

Honeywell notified NRC that it was 

unable to meet the tangible net worth 

part of the financial test as required by 

10 CFR Part 30 Appendix C. The 

regulations require, among other things, 

that the licensees have tangible net 

worth of at least 10 times the 

decommissioning obligation. 

Honeywell’s tangible net worth no 

longer meets the 10 to 1 ratio test, which 

means that absent an exemption, it 

would no longer be eligible to use the 

self-guarantee. The regulations require 

that Honeywell provide alternate 

financial assurance within 120 days 

after notifying the NRC that it is no 

longer qualified to use the selfguarantee. 

In a letter dated December 1, 2006, 

Honeywell submitted a request under 

the provisions of 10 CFR 40.14 for an 

exemption from 10 CFR 30, Appendix 

C, that it be allowed to include goodwill 

in the determination of tangible net 

worth for the purpose of the ratio test. 

On May 11, 2007, NRC approved the 

renewal of Honeywell Materials License 

No. SUB–456 and documented its 

review in a Safety Evaluation Report 

(SER) enclosed with the renewed 

license. In Section 11.5 of this SER, 

Honeywell was granted a one-year 

exemption from the tangible net worth 

portion of the financial test which is 

stipulated in 10 CFR Part 30 Appendix 

C, Section II. This exemption allowed 

Honeywell to use goodwill in its 

calculation of net worth. This 

exemption was granted based on many 

factors that were documented in the 

SER including Honeywell’s bond rating 

of ‘‘A’’ as assigned by Standard & Poor’s. 

The SER outlined that a company with 

an ‘‘A’’ bond rating had a relatively low 

probability of default, and that this 

default rate was almost non-existent 

during any given one-year time period. 

As Honeywell’s one-year exemption 

expired on May 11, 2008, Honeywell 

seeks to extend this exemption until the 

earlier of (1) May 11, 2009 (i.e. , an 

additional one year period) or (2) the 

effective date of a final rule amending 

10 CFR Part 30 consistent with the 

proposed rule published in the Federal 

Register on January 22, 2008. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its safety 

evaluation of the proposed action and 

concludes the proposed action to be 

acceptable. The details of the staff’s 

safety evaluation will be provided in the 

exemption that will be issued as part of 

the letter to the licensee approving the 

exemption request dated April 11, 2008. 

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 off site. There is no 

significant increase in the amount of 

any effluent released off site. There is no 

significant increase in occupational or 

public 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 additional licensee 

resources being expended on the 

alternate financial assurance methods 

which would increase the likelihood 

that funds for decommissioning will not 

be available when needed. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 


jlentini on PROD1PC65 with NOTICES