22978 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 

California. Listening stations for the 

tape recordings will be available at both 

locations. Researchers at either facility 

must have a NARA researcher card 

which they may obtain when they arrive 

at the facility. Petitions asserting a legal 

or constitutional right or privilege 

which would prevent or limit access 

must be sent to the Archivist of the 

United States, National Archives at 

College Park, 8601 Adelphi Road, 

College Park, Maryland 20740–6001. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Naftali, Director, Richard 

Nixon Presidential Library and 

Museum, 714–983–9121 or 301–837– 

3117. 

SUPPLEMENTARY INFORMATION: The 

following materials will be made 

available in accordance with this notice: 

1. NARA is proposing to open 

approximately 994 conversations which 

were recorded at the Nixon White 

House in January and February 1973. 

These conversations total approximately 

154 hours of listening time. This is the 

thirteenth opening of Nixon White 

House tapes since 1980. There are no 

transcripts for these tapes. Tape subject 

logs, prepared by NARA, are offered for 

public access as a finding aid to the tape 

segments and a guide for the listener. 

There is a separate tape log entry for 

each conversation. Each tape log entry 

includes the names of participants; date 

and inclusive times of each 

conversation; location of the 

conversation; and an outline of the 

content of the conversation. Listening 

stations will be available on a first 

come, first served basis and will also be 

available on the Web at http:// 

www.nixonlibrary.gov. NARA reserves 

the right to limit listening time in 

response to heavy demand. 

2. Previously restricted materials. 

Volume: 10.5 cubic feet. A number of 

textual materials which were previously 

withheld from public access have been 

reviewed for release and/or declassified 

under the mandatory review provisions 

of Executive Order 12958, as amended, 

or in accordance with 36 CFR 1275.56 

(Public Access regulations). The 

materials are from integral file segments 

for the White House Special Files, Staff 

Member and Office Files; the National 

Security Council Files; and the Henry A. 

Kissinger Office Files. 

3. White House Central Files, Staff 

Member and Office Files. Volume: 8 

cubic feet. The White House Central 

Files Unit was a permanent organization 

within the White House complex that 

maintained a central filing and retrieval 

system for the records of the President 

and his staff. The Staff Member and 

Office Files consist of materials that 

were transferred to the Central Files but 

were not incorporated into the Subject 

Files. The following file groups will be 

made available: Kenneth Cole Files. 

4. White House Central Files, Name 

Files: Volume: <1 cubic foot. The Name 

Files were used for routine materials 

filed alphabetically by the name of the 

correspondent; copies of documents in 

the Name Files were usually filed by 

subject in the Subject Files. The Name 

Files relating to Paul Olsen and Frank 

Borman will be made available with this 

opening. 

5. White House Central Files, Subject 

Files. Volume: 3 cubic feet. The White 

House Central Files Unit was a 

permanent organization within the 

White House complex that maintained a 

central filing and retrieval system for 

the records of the President and his 

staff. The Subject Files were arranged 

according to subject matter and were 

based on an alphanumerical file scheme 

of 61 primary categories. Listed below 

are the integral files segments from the 

White House Central Files, Subject Files 

in this opening: 

GI Gifts [partial]. 

ME Messages [partial]. 

FG 170 National Commission on Fire 

Prevention and Control. 

FG 210 Public Advisory Committee 

on Trade Policy [empty]. 

FG 211 Public Land Law Review 

Commission. 

FG 212 Quetico-Superior Committee. 

FG 213 Railroad Retirement Board. 

FG 214 Renegotiation Board. 

FG 215 Securities and Exchange 

Commission. 

FG 219 Southern Interstate Nuclear 

Board. 

FG 220 Subversive Activities Control 

Board. 

6. White House Special Files, Subject 

Files, Oversize Attachment Files. 

Volume: 7 cubic feet. The White House 

Special Files Unit was created within 

the White House complex to provide a 

secure storage location for 

administratively and politically 

sensitive material, personal material, 

and material with the President’s 

handwriting. The Subject Files were 

arranged according to subject matter and 

were based on an alphanumerical file 

scheme of 61 primary categories. The 

Oversize Attachment Files were a means 

of filing and organizing materials that 

were too bulky or odd-sized to be placed 

in a file folder. Listed below are the 

oversize attachments from the White 

House Special Files, Subject Files in 

this opening: 

CF OA 1056 FG 6–11–1 Huebner, 

Lee. 

CF OA 354 FG 215 Securities and 

Exchange Commission. 

7. White House Central Files, Oversize 

Attachment Files. Volume: 1 cubic foot. 

The White House Central Files Unit was 

a permanent organization within the 

White House complex that maintained a 

central filing and retrieval system for 

the records of the President and his 

staff. The Oversize Attachment Files 

were a means of filing and organizing 

materials that were too bulky or oddsized to be placed in a file folder. Listed 

below are the oversize attachments from 

the White House Central Files, Oversize 

Attachment Files in this opening: 

OA’s (707, 1963, 3269, 3989, 3993, 

4580, 4801, 4942, 5118, 5197, 5403, 

5717, 8084, 8880, 8974, 9007, 9177, 

9194, 9908, 10005, 10111, 10156, 10508, 

10589, 10743, 10990, 11604, 11910, 

12141, 12319, 13958, 14378 14484). 

8. National Security Council Files. 

Volume: 3 cubic feet. In accordance 

with the provisions of Executive Order 

12958, as amended, several series 

within the National Security Council 

files have been systematically reviewed 

for declassification and the following 

file groups will be made available: 

EC–121 Korea, Shoot Down. 

9. The Nixon Library holds three 

subgroups of Federal Record Group 87: 

Records of the United States Secret 

Service. Those relating to the 

‘‘Installation and Maintenance of the 

White House Sound Recording System 

and Tapes,’’ NC3–87–82–1, consisting of 

2.5 cubic feet, will be made available. 

Dated: May 8, 2009. 

Adrienne Thomas, 

Acting Archivist of the United States. 

[FR Doc. E9–11515 Filed 5–14–09; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–528, 50–529, and 50–530; 

NRC–2009–0012] 

Notice of Acceptance for Docketing of 

the Application and Notice of 

Opportunity for Hearing Regarding 

Renewal of Facility Operating License 

Nos. NPF–41, NPF–51, and NPF–74 for 

an Additional 20-Year Period; Arizona 

Public Service Company; Palo Verde 

Nuclear Generating Station, Units 1, 2, 

and 3 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for the 

renewal of operating licenses NPF–41, 

NPF–51, and NPF–74, which authorize 

Arizona Public Service Company (APS), 

to operate the Palo Verde Nuclear 

Generating Station (PVNGS), Units 1, 2, 

and 3, at 3,990 megawatts thermal. The 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 22979 

1 If 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. 

renewed license would authorize the 

applicant to operate the PVNGS for an 

additional 20 years beyond the period 

specified in the current license. PVNGS 

is located in Maricopa County, AZ, near 

Phoenix and its current operating 

licenses expire at midnight June 1, 2025, 

April 24, 2026, and November 25, 2027, 

respectively. 

APS submitted the application dated 

December 11, 2008, pursuant to Title 10 

of the Code of Federal Regulations (10 

CFR), Parts 50, 51, and 54, to renew 

operating licenses NPF–41, NPF–51, 

and NPF–74 for PVNGS. A notice of 

receipt and availability of the license 

renewal application (LRA) was 

published in the Federal Register on 

January 21, 2009 (74 FR 3655). 

Supplemental information to the 

application was submitted by APS by 

letter dated April 14, 2009. The 

Commission’s staff has determined that 

APS has submitted sufficient 

information in accordance with 10 CFR 

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 Nos. 50– 

528, 50–529, and 50–530, for operating 

licenses NPF–41, NPF–51, and NPF–74, 

will be retained. The determination to 

accept the LRA 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, ‘‘Standards for Issuance of a 

Renewed License,’’ 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, 

during the period of extended operation, 

the effects of aging 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 and that any changes made to the 

plant’s current licensing basis 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,’’ issued May 

1996. In considering the LRA, the 

Commission must find that the 

applicable requirements of Subpart A of 

10 CFR Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions,’’ have been satisfied, and 

that matters raised under 10 CFR 2.335, 

‘‘Consideration of Commission Rules 

and Regulations in Adjudicatory 

Proceedings,’’ have been addressed. 

Pursuant to 10 CFR 51.26, ‘‘Requirement 

to Publish Notice of Intent and Conduct 

Scoping Process,’’ 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 shall 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, ‘‘Hearing 

Requests, Petitions to Intervene, 

Requirements for Standing, and 

Contentions,’’ which is available at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

11555 Rockville Pike (first floor), 

Rockville, MD 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.Resource@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. If 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 part 51 

and 10 CFR part 54, ‘‘Requirements for 

Renewal of Operating Licenses for 

Nuclear Power Plants,’’ 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 shall 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 shall also set forth the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

Each contention shall consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the requestor/petitioner must 

briefly explain the bases of each 

contention and state concisely the 

alleged facts or the expert opinion that 

supports the contention on which the 

requestor/petitioner intends to rely in 

proving the 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 

opinions. 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 

shall be one that, if proven, would 

22980 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 

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 alphabetic 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 

will 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 shall be 

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

announced in the Federal Register on 

August 28, 2007 (72 FR 49139). The EFiling process requires participants to 

submit and serve all adjudicatory 

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 an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

petitioner/requestor should 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) the 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 

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

Information about applying for a digital 

ID certificate is available on the 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 shall 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 using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC electronic filing Help Desk, which 

is available between 8 a.m. and 8 p.m. 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

toll-free help line number is (866) 672– 

7640. A person filing electronically may 

also seek assistance by sending an email to the NRC electronic filing Help 

Desk at MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, 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 shall 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, MD 

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, 

filings shall be submitted no later than 

11:59 p.m. Eastern 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, 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, unless an NRC regulation 

or other law requires submission of such 

information. 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 PVNGS, 

Units 1, 2, and 3, are available for public 

inspection at the Commission’s PDR, 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

MD 20852–2738, and at the NRC’s Web 

site, http://www.nrc.gov/reactors/ 

operating/licensing/renewal/ 

applications.html, 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/readingrm/adams.html under ADAMS 

Accession Nos. ML083510627 and 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 22981 

ML091130221 (for the April 

supplement). 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 PDR reference staff by 

telephone at 1–800–397–4209 or 301– 

415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

The NRC staff has verified that a copy 

of the LRA is also available to local 

residents near PVNGS at the Litchfield 

Park Branch Library, 101 West Wigwam 

Boulevard, Litchfield Park, AZ 85340, 

and the Sam Garcia Western Avenue 

Library, 495 East Western Avenue, 

Avondale, AZ 85323. 

Attorney for Arizona Public Service 

Company: Michael G. Green, Senior 

Regulatory Counsel, Pinnacle West 

Capital Corporation, P.O. Box 52034, 

Mail Station 8695, Phoenix, AZ 85072– 

2034. 

Dated at Rockville, Maryland, this 11th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Brian E. Holian, 

Director, Division of License Renewal, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–11388 Filed 5–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–391; NRC–2008–0369] 

Tennessee Valley Authority: Notice of 

Receipt of Update to Application for 

Facility Operating License and Notice 

of Opportunity for Hearing for the 

Watts Bar Nuclear Plant, Unit 2 and 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and 

Safeguards Information for Contention 

Preparation 

In accordance with the Commission’s 

direction in its Staff Requirements 

Memorandum SECY–07–0096, ‘‘Staff 

Requirements—Possible Reactivation of 

Construction and Licensing Activities 

for the Watts Bar Nuclear Plant Unit 2,’’ 

dated July 25, 2007, and pursuant to the 

Atomic Energy Act of 1954 (the Act), 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,’’ and 10 CFR Part 

50, ‘‘Domestic Licensing of Production 

and Utilization Facilities,’’ notice is 

hereby given that, on March 4, 2009, the 

U.S. Nuclear Regulatory Commission 

(NRC, the Commission) has received an 

update to the application for a facility 

operating license (OL) from the 

Tennessee Valley Authority (TVA or the 

applicant) that would authorize TVA to 

possess, use, and operate a second lightwater nuclear reactor (the facility), 

Watts Bar Nuclear Plant (WBN) Unit 2, 

located on the applicant’s site in Rhea 

County, Tennessee. The unit would 

operate at a steady-state power level of 

3411 megawatts thermal. The original 

application dated June 30, 1976, was 

found acceptable for docketing on 

September 15, 1976, and ‘‘Notice of 

Receipt of Application for Facility 

Operating Licenses; Notice of 

Consideration of Issuance of Facility 

Operating Licenses; and Notice of 

Opportunity for Hearing’’ for WBN 

Units 1 and 2 was published in the 

Federal Register on December 27, 1976 

(41 FR 56244). On February 7, 1996, the 

NRC issued a full-power OL to TVA to 

operate WBN Unit 1 at this site. 

However, TVA has not completed 

construction of WBN Unit 2. 

Construction of the facility was 

authorized by Construction Permit No. 

CPPR–92, issued by the Commission on 

January 23, 1973. TVA has stated that it 

expects to complete construction prior 

to April 1, 2012. 

Pursuant to the National 

Environmental Policy Act, as amended, 

and the Commission’s regulations in 10 

CFR part 51, on February 15, 2008, TVA 

submitted to the NRC ‘‘Watts Bar 

Nuclear Plant (WBN)—Unit 2—Final 

Supplemental Environmental Impact 

Statement [FSEIS] for the Completion 

and Operation of Unit 2,’’ to the NRC in 

support of its OL application for WBN 

Unit 2. By letter dated January 27, 2009, 

TVA submitted its ‘‘Final Supplemental 

Environmental Impact Statement— 

Severe Accident Management 

Alternatives [SAMA],’’ to supplement 

its FSEIS. After the staff has completed 

its review of TVA’s FSEIS, the NRC will 

prepare a draft supplement to 

environmental impact statement related 

to the operation of WBN Unit 2 (SEIS– 

OL). Upon preparation of the draft 

SEIS–OL, the Commission will, among 

other things, cause to be published in 

the Federal Register, a notice of 

availability of the draft supplement, 

requesting comments from interested 

persons on the draft SEIS–OL. The 

notice will also contain a statement to 

the effect that any comments of Federal 

agencies and State and local officials 

will be made available when received. 

The draft SEIS–OL will focus on matters 

that differ from those previously 

discussed in the final environmental 

statement prepared in connection with 

the issuance of the construction permits 

and the WBN Unit 1 OL. Upon 

consideration of comments submitted 

with respect to the draft SEIS–OL, the 

Commission’s staff will prepare a final 

SEIS–OL, the availability of which will 

be published in the Federal Register. 

The NRC staff will complete a 

detailed technical review of the 

application and will document its 

findings in Supplements to NUREG– 

0847, ‘‘Safety Evaluation Report Related 

to the Operation of Watts Bar Nuclear 

Plant, Unit 2.’’ 

The Commission will consider the 

issuance of the facility OL to TVA, 

which would authorize the applicant to 

possess, use and operate the WBN Unit 

2 in accordance with the provisions of 

the license and the technical 

specifications appended thereto, upon: 

(1) The completion of a favorable safety 

evaluation of the application by the 

Commission’s staff; (2) the completion 

of the environmental review required by 

the Commission’s regulations in 10 CFR 

part 51; (3) the receipt of a report on the 

applicant’s application for the facility 

OL by the Advisory Committee on 

Reactor Safeguards; and (4) a finding by 

the Commission that the application for 

the facility licenses, as amended, 

complies with the requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations in 10 CFR Chapter I. 

The OL will not be issued until the 

Commission has made the findings 

reflecting its review of the application 

under the Act, which will be set forth 

in the proposed license, and has 

concluded that the issuance of the 

license will not be inimical to the 

common defense and security or to the 

health and safety of the public. 

Within 60 days after the date of initial 

publication of this notice in the Federal 

Register on May 1, 2009 (74 FR 20350), 

any person(s) whose interest may be 

affected by this action and who desires 

to participate as a party to this action 

may file a written request for a hearing 

and a petition to intervene with respect 

to whether an OL should be issued. 

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, ‘‘Hearing 

Requests, Petitions To Intervene, 

Requirements for Standing, and 

Contentions,’’ which is available at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O–1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible from the Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic