[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7611-7613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2384]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-014 and 52-015]


Tennessee Valley Authority; Notice of Hearing and Opportunity To 
Petition for Leave To Intervene on a Combined License for Bellefonte 
Units 3 and 4

    Pursuant to the Atomic Energy Act of 1954, as amended, and the 
regulations in Title 10 of the Code of Federal Regulations (10 CFR) 
part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 10 CFR part 50, ``Domestic Licensing of

[[Page 7612]]

Production and Utilization Facilities,'' and 10 CFR part 52, ``Early 
Site Permits; Standard Design Certifications; and Combined Licenses for 
Nuclear Power Plants,'' notice is hereby given that a hearing will be 
held, at a time and place to be set in the future by the U.S. Nuclear 
Regulatory Commission (NRC, the Commission) or designated by the Atomic 
Safety and Licensing Board (Board). The hearing will consider the 
application dated October 30, 2007, filed by Tennessee Valley 
Authority, pursuant to subpart C of 10 CFR part 52, for a combined 
license (COL). The application, which was supplemented by letters dated 
November 2, 2007, January 8, 2008, and January 14, 2008, requests 
approval of a COL for Bellefonte Units 3 and 4 located near the town of 
Scottsboro in Jackson County, Alabama. The application was accepted for 
docketing on January 18, 2008. The docket numbers established for this 
application are 52-014 and 52-015.
    The hearing will be conducted by a Board that will be designated by 
the Chairman of the Atomic Safety and Licensing Board Panel or by the 
Commission. Notice as to the membership of the Board will be published 
in the Federal Register at a later date. The NRC staff will complete a 
detailed technical review of the application and will document its 
findings in a safety evaluation report (SER). The Commission will refer 
a copy of the application to the Advisory Committee on Reactor 
Safeguards (ACRS) in accordance with 10 CFR 52.87, ``Referral to the 
Advisory Committee on Reactor Safeguards (ACRS),'' and the ACRS will 
report on those portions of the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
desires to participate as a party to this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309. 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 E-Filing rule, which was promulgated 
by the NRC 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 
five (5) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#93dbf6f2e1fafdf4d7fcf0f8f6e7d3fde1f0bdf4fce5"><span class="__cf_email__" data-cfemail="7f371a1e0d1611183b101c141a0b3f110d1c51181009">[email protected]</span></a>, 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 a NRC-issued digital ID certificate. Each petitioner/
requestor will need to download the Workplace Forms Viewer\TM\ to 
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ is free and is available 
at http://www.nrc.gov/site-help/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/apply-certificates.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/e-submittals.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 Standard 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/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Standard 
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 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.
    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, filing must be submitted no later 
than 11:59 p.m. Eastern Standard Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in the 
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, the 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 the filing. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filing and would constitute a Fair Use application, 
participants are requested

[[Page 7613]]

not to include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice in the Federal 
Register. Non-timely filings will not be entertained absent a 
determination by the Commission or Board designated to rule on the 
petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-(viii).
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his position on 
the issues at any session of the hearing or any pre-hearing conference 
within the limits and conditions fixed by the presiding officer, but 
may not otherwise participate in the proceeding.
    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, and will be accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room link 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 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 <a href="/cdn-cgi/l/email-protection#2b5b4f596b455948054c445d"><span class="__cf_email__" data-cfemail="98e8fcead8f6eafbb6fff7ee">[email protected]</span></a>. The application is also available at http://www.nrc.gov/reactors/new-licensing/col.html. The ADAMS accession number 
for the application is ML073110527. The ADAMS accession numbers for the 
supplements to the application are ML073090428, ML080100104, 
ML080160252. Some of the supplements contain information that is 
sensitive and these supplements are not available to the public.

    Dated at Rockville, Maryland, this 4th day of February 2008.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E8-2384 Filed 2-7-08; 8:45 am]
BILLING CODE 7590-01-P


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