Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices 63213 

1The process for accessing and using the agency’s 

E–Filing system is described in the July 23, 2009 

notice of hearing that was issued by the 

Commission for this proceeding. See Notice of 

Receipt of Application for License; Notice of 

Consideration of Issuance of License; Notice of 

Hearing and Commission Order and Order 

Imposing Procedures for Access to Sensitive 

Unclassified Non-Safeguards Information and 

Safeguards Information for Contention Preparation; 

In the Matter of Areva Enrichment Services, LLC 

(Eagle Rock Enrichment Facility), 74 FR 38,052, 

38,055 (Jul. 30, 2009) (CLI–09–15, 70 NRC 1, 10– 

11 (2009)). 

2The scope of, and procedural protocols 

associated with, the uncontested/mandatory 

hearing in this proceeding are set forth in the 

Licensing Board’s orders of May 19, June 4, and 

June 30, 2010, as well as its October 7, 2010 

scheduling order. See Licensing Board Initial 

Scheduling Order (May 19, 2010) at 3–7 

(unpublished); Licensing Board Order (Clarifying 

Initial Scheduling Order) (June 4, 2010) at 2–5 

(unpublished); Licensing Board Order (Setting 

Aside Hold-Dates for Mandatory Hearings) (June 30, 

2010) at 2 (unpublished); Licensing Board 

Memorandum and Order (Initial General Schedule; 

Revision to Mandatory Hearing Procedures; Inviting 

Written Limited Appearance Statements; 

Participation by Interested Governmental Entities) 

(Oct. 7, 2010) (unpublished). As the Board’s 

October 7, 2010 memorandum and order also 

indicates, following the issuance of the staff’s final 

environmental impact statement (EIS), the Board 

anticipates establishing a schedule to govern IGE 

participation in the environmental/EIS-related 

portion of the uncontested/mandatory hearing for 

this proceeding. 

3States, local governments, or Indian Tribes 

should be aware that the uncontested/mandatory 

hearing is separate and distinct from the NRC’s 

contested hearing process, which has not been 

invoked in this proceeding. While States, local 

governments, or Indian Tribes participating as 

described above may take any position they wish, 

or no position at all, with respect to the AES 

application or the staff’s associated safety review, 

they should be cognizant that, due to the inherently 

adversarial nature of such proceedings, many of the 

procedures and rights applicable to the NRC’s 

contested hearing process generally are not 

available with respect to this uncontested hearing. 

Participation in the NRC’s contested hearing 

process is governed by 10 CFR 2.309 (for persons 

or entities, including States, local governments, or 

Indian Tribes, seeking to file contentions of their 

own) and 10 CFR 2.315(c) (for interested States, 

local governments, and Indian Tribes seeking to 

participate with respect to contentions filed by 

others). Participation in this uncontested hearing 

does not affect the right of a State, local 

governmental entity, or Indian Tribe to participate 

in any separate contested hearing process that 

might be requested relative to this proceeding. 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–7015–ML; ASLBP No. 

10–899–02–ML–BD01] 

Atomic Safety and Licensing Board; 

Notice of Opportunity To Participate in 

Uncontested/Mandatory Hearing 

(Procedures for Participation by 

Interested Governmental Entities 

Regarding Safety Portion of 

Enrichment Facility Licensing 

Proceeding) 

October 7, 2010. 

Before Administrative Judges: G. Paul 

Bollwerk, III, Chairman, Dr. Kaye D. 

Lathrop, Dr. Craig M. White. 

In the Matter of Areva Enrichment Services, 

LLC (Eagle Rock Enrichment Facility) 

In this 10 CFR part 70 proceeding 

regarding the request of applicant 

AREVA Enrichment Services, LLC, 

(AES) to construct and operate its 

proposed Eagle Rock Enrichment 

Facility in Bonneville County, Idaho, on 

September 30, 2010, the NRC staff 

issued its final safety evaluation report 

(SER) analyzing the Atomic Energy Act 

(AEA)-related safety aspects of the AES 

application (NUREG–1951, ADAMS 

Accession No. ML102710296). In accord 

with AEA section 274l, 42 U.S.C. 

2021(l), on or before Friday, November 

12, 2010, using the agency’s E–Filing 

system,1 any interested State, local 

governmental body, or affected, 

federally-recognized Indian Tribe may 

file with the Licensing Board in this 

proceeding a statement of any issues or 

questions about which the State, local 

governmental body, or Indian Tribe 

wishes the Board to give particular 

attention as part of the safety/SERrelated portion of the uncontested/ 

mandatory hearing process associated 

with the AES application and the staff’s 

safety review of that application.2 Such 

a statement may be accompanied by any 

supporting documentation that the 

State, local governmental body, or 

Indian Tribe sees fit to provide. Any 

statements and supporting 

documentation (if any) received by the 

Board by the deadline indicated above 

will be made part of the record of this 

proceeding. 

The Board will use such statements 

and documents as appropriate to inform 

its prehearing questions to the staff and 

applicant AES; its inquiries at the oral 

hearing currently scheduled for the 

week of January 24, 2011, at the 

Licensing Board Panel’s Rockville, 

Maryland hearing room; and its decision 

following the hearing.3 The Board may 

also request, no later than Thursday, 

January 13, 2011, that one or more 

particular States, local governmental 

bodies, or Indian Tribes send 

representatives to the hearing to 

participate as the Board may deem 

appropriate, including answering Board 

questions and/or making a statement for 

the purpose of assisting the Board’s 

exploration of one or more of the issues 

raised by the State, local governmental 

body, or Indian Tribe in the prehearing 

filings described above. The decision on 

whether to request the presence of 

representatives of a State, local 

governmental body, or Indian Tribe at 

the hearing to participate in the oral 

hearing is solely at the Board’s 

discretion. The Board’s request will 

specify the issue or issues that the 

representatives should be prepared to 

address. 

It is so ordered. 

For the Atomic Safety and Licensing 

Board. 

Dated: October 7, 2010. 

G. Paul Bollwerk, III, 

Administrative Judge, Rockville, Maryland. 

[FR Doc. 2010–25877 Filed 10–13–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–282 and 50–306; NRC– 

2010–0324] 

Northern States Power Company— 

Minnesota; Prairie Island Nuclear 

Generating Plant, Units 1 and 2; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of an exemption from Title 10 

of the Code of Federal Regulations, (10 

CFR), 50.46, ‘‘Acceptance criteria for 

emergency core cooling systems for 

light-water nuclear power reactors’’, and 

10 CFR 50, Appendix K, ‘‘AECCS 

Evaluation Models,’’ for Facility 

Operating License Nos. DPR–42 and 

DPR–60, issued to Northern States 

Power Company, a Minnesota 

corporation (NSPM, the licensee), for 

operation of the Prairie Island Nuclear 

Generating Plant, Units 1 and 2 (PINGP), 

located in Goodhue County, Minnesota. 

In accordance with 10 CFR 51.21, the 

NRC performed an environmental 

assessment in support of this requested 

exemption. Based on the results of the 

environmental assessment, the NRC is 

issuing a finding of no significant 

impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would consider 

approval of an exemption for PINGP to 

the requirements of 10 CFR 50.46 and 

10 CFR Appendix K, by allowing NSPM 

to use Optimized ZIRLOTM, an 

advanced alloy fuel cladding material 

for pressurized-water reactors. The 

proposed action is in accordance with 

the licensee’s application dated 

November 24, 2009 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML093280883), as supplemented by 

letter dated May 26, 2010 (ADAMS 

Accession No. ML101480083). 


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