Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4477 

f. Any person who has petitioned or 

intends to petition for leave to 

intervene. 

In accordance with 10 CFR 51.26, the 

scoping process for an EIS may include 

a public scoping meeting to help 

identify significant issues related to a 

proposed activity and to determine the 

scope of issues to be addressed in an 

EIS. The NRC has decided to hold 

public meetings for the CNS license 

renewal supplement to the GEIS. The 

scoping meetings will be held on 

February 25, 2009. There will be two 

sessions, an afternoon and evening 

session, to accommodate interested 

parties. The first session will be held at 

the Brownville Concert Hall at 126 

Atlantic St., Brownville, NE 68321, 

telephone (402) 825–3331, and will 

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

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

second session will be held at the 

Auburn Senior Center at 1101 J St., 

Auburn, NE 68305, telephone, (402) 

274–3420, and 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) 

An overview by the NRC staff of the 

NEPA environmental review process, 

the proposed scope of the supplement to 

the GEIS, and the proposed review 

schedule; and (2) the opportunity for 

interested government agencies, 

organizations, and individuals to submit 

comments or suggestions on the 

environmental issues or the proposed 

scope of the supplement to the GEIS. 

Additionally, the NRC staff will host 

informal discussions one hour prior to 

the start of each session at the same 

location. No formal comments on the 

proposed scope of the supplement to the 

GEIS will be accepted during the 

informal discussions. 

To be considered, comments must be 

provided either at the transcribed public 

meetings or in writing, as discussed 

below. Persons may register to attend or 

present oral comments at the meetings 

on the scope of the NEPA review by 

contacting the NRC Project Managers, 

Mr. Tam Tran, telephone at 1–800–368– 

5642, extension 3617, or by e-mail to the 

NRC at tam.tran@nrc.gov or Mr. 

Emmanuel Sayoc, by telephone at 1– 

800–368–5642, extension 1924, or by email to the NRC at 

emmanuel.sayoc@nrc.gov, no later than 

February 18, 2009. Members of the 

public may also register to speak at the 

meeting 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. Members of the 

public who have not registered may also 

have an opportunity to speak, if time 

permits. Public comments will be 

considered in the scoping process for 

the supplement to the GEIS. Mr. Tam 

Tran or Mr. Sayoc will need to be 

contacted no later than February 18, 

2009, if special equipment or 

accommodations are needed to attend or 

present information at the public 

meeting, so that the NRC staff can 

determine whether the request can be 

accommodated. 

Members of the public may send 

written comments on the environmental 

scope of the KPS license renewal review 

to: Chief, Rulemaking, Directives and 

Editing Branch, Division of 

Administrative Services, Office of 

Administration, Mailstop TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, and should cite the publication 

date and page number of this Federal 

Register notice. To be considered in the 

scoping process, written comments 

should be postmarked by March 23, 

2009. Electronic comments may be sent 

by e-mail to the NRC at 

CooperEIS@nrc.gov, and should be sent 

no later than March 23, 2009, to be 

considered in the scoping process. 

Comments will be available 

electronically and accessible through 

ADAMS at http://adamswebsearch.nrc.

gov/dologin.htm. 

Participation in the scoping process 

for the supplement to the GEIS does not 

entitle participants to become parties to 

the proceeding to which the supplement 

to the GEIS relates. Notice of 

opportunity for a hearing regarding the 

renewal application was previously 

included in the Federal Register dated 

December 30, 2008 (73 FR 79921). 

Matters related to participation in any 

hearing are outside the scope of matters 

to be discussed at this public meeting. 

At the conclusion of the scoping 

process, the NRC will prepare a concise 

summary of the determination and 

conclusions reached, including the 

significant issues identified, and will 

send a copy of the summary to each 

participant in the scoping process. The 

summary will also be available for 

inspection in ADAMS at http:// 

adamswebsearch.nrc.gov/dologin.htm. 

The staff will then prepare and issue for 

comment the draft supplement to the 

GEIS, which will be the subject of 

separate notices and separate public 

meetings. Copies will be available for 

public inspection at the abovementioned addresses, and one copy per 

request will be provided free of charge. 

After receipt and consideration of the 

comments, the NRC will prepare a final 

supplement to the GEIS, which will also 

be available for public inspection. 

Information about the proposed 

action, the supplement to the GEIS, and 

the scoping process may be obtained 

from the Project Managers Mr. Sayoc 

and Mr. Tran at the aforementioned 

telephone number or e-mail addresses. 

Dated at Rockville, Maryland, this 15th day 

of January 2009. 

For the Nuclear Regulatory Commission. 

David L. Pelton, 

Chief, Projects Branch 1, Division of License 

Renewal, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–1563 Filed 1–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 63–001–HLW; ASLBP Nos. 09– 

876–HLW–CAB01, 09–877–HLW–CAB02, 

09–878–HLW–CAB03] 

Department of Energy; Establishment 

of Atomic Safety and Licensing Boards 

Pursuant to delegation by the 

Commission dated December 29, 1972, 

published in the Federal Register, 37 FR 

28,710 (1972), and the Commission’s 

regulations, see 10 CFR 2.300 et seq., 

2.1000 et seq., notice is hereby given 

that Atomic Safety and Licensing 

Boards are being established to preside 

over the Petitions to Intervene and the 

Requests to Participate in the following 

proceeding, and to perform all other 

duties as the Chief Administrative Judge 

may assign: U.S. Department of Energy, 

High-Level Waste Repository, 

Construction Authorization 

Application. 

This proceeding concerns Petitions to 

Intervene from (1) Caliente Hot Springs 

Resort LLC; (2) State of California; (3) 

Clark County, Nevada; (4) Churchill, 

Esmeralda, Lander and Mineral 

Counties, Nevada; (5) Inyo County, 

California; (6) Native Community 

Action Council; (7) State of Nevada; (8) 

Nuclear Energy Institute; (9) Nye 

County, Nevada; (10) Timbisha 

Shoshone Tribe; (11) Timbisha 

Shoshone Yucca Mountain Oversight 

Program Non-Profit; and (12) White Pine 

County, Nevada. Additionally, Requests 

to Participate as an Interested 

Government Body have been received 

from: (1) Eureka County, Nevada; and 

(2) Lincoln County, Nevada. The 

Petitions and Requests, which were 

submitted in response to an October 22, 

2008 Notice of Hearing and Opportunity 

To Petition for Leave To Intervene (73 

FR 63,029), challenge the June 3, 2008 

application filed by the Department of 

Energy seeking authorization to 

construct a geologic repository at Yucca 

Mountain in Nye County, Nevada. 

4478 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

1Since the Application was filed, the NRC has 

approved the transfer of operating authority over 

Prairie Island Nuclear Generating Station, Units 1 

and 2, from Nuclear Management Company, LLC 

(NMC) to Northern States Power Company. Order 

Approving Transfer of License and Conforming 

Amendment (Sept. 15, 2008) (ADAMS Accession 

No. ML082521182). 

2Application for Renewed Operating Licenses 

(Apr. 2008) (ADAMS Accession No. ML081130673). 

3 73 FR 34,335 (June 17, 2008). 

4Prairie Island Indian Community Notice of 

Intent to Participate and Petition to Intervene (Aug. 

18, 2008). 

5See Tr. at 1–162. 

6Northern States Power Co. (Prairie Island 

Nuclear Generating Plant), LBP–08–26, 68 

NRCl(Dec. 5, 2008). 

7 Idl. at (slip op. at 61); see also 10 CFR 2.1200– 

.1213. 

8 10 CFR 2.331. 

9 Id. § 2.329. 

10 Id. § 2.1207. 

The Licensing Boards, which shall 

also be referred to as Construction 

Authorization Boards (CABs), are 

comprised of the following 

Administrative Judges: 

CAB 01 

William J. Froehlich, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Thomas S. Moore, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Richard E. Wardwell, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

CAB 02 

Michael M. Gibson, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Lawrence G. McDade, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Nicholas G. Trikouros, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

CAB 03 

Paul S. Ryerson, Chair, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Michael C. Farrar, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Mark O. Barnett, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

The allocation among the CABs of the 

Petitions to Intervene and/or the 

proffered contentions, as well as the 

Requests to Participate, will be 

announced at a later date. Until further 

order, all pleadings, correspondence, 

documents, and other materials shall be 

filed with all three CABs in accordance 

with 10 CFR 2.1013(c). 

Issued at Rockville, Maryland, this 16th 

day of January 2009. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–1577 Filed 1–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–282–LR and 50–306–LR; 

ASLBP No. 08–871–01–LR] 

Atomic Safety and Licensing Board; 

Before Administrative Judges: William 

J. Froehlich, Chairman, Dr. Gary S. 

Arnold, Dr. Thomas J. Hirons; In the 

Matter of: Northern States Power Co. 

(Formerly Nuclear Management 

Company, LLC) (Prairie Island Nuclear 

Generating Plant, Units 1 and 2); 

Notice of Hearing (Application for 20- 

Year License Renewal) 

January 16, 2009. 

This proceeding concerns the 

application filed April 11, 2008 by 

Nuclear Management Company, LLC1 to 

renew Operating License Nos. DPR–042 

and DPR–060 for the Prairie Island 

Nuclear Generating Plant (PINGP), Units 

1 and 2, for an additional 20 years.2 The 

PINGP is located near the city of Red 

Wing, in Goodhue County, Minnesota. 

The current licenses expire on August 9, 

2013 for Unit 1 and on October 29, 2014 

for Unit 2. 

On June 17, 2008, the Nuclear 

Regulatory Commission (NRC or 

Commission) published a notice of 

opportunity for hearing regarding this 

license renewal application 

(Application or LRA).3 The hearing 

notice permitted any person whose 

interest might be affected by the license 

renewal to file a request for hearing and 

petition for leave to intervene within 60 

days of the hearing notice. On August 

18, 2008, PIIC filed a petition to 

intervene containing eleven proposed 

contentions and requesting an 

adjudicatory hearing.4 The Board heard 

oral arguments on Petitioner’s standing 

and contentions as well as on a motion 

to strike on October 29, 2008 in 

Hastings, Minnesota.5

On December 5, 2008, the Licensing 

Board issued a Memorandum and 

Order,6 which granted PIIC party status 

and admitted seven contentions. The 

admitted contentions are as follows: 

1. Contention 1—The ER in the LRA 

does not provide an adequate analysis of 

historical and archaeological resources 

that may be affected by the proposed 

license renewal. The LRA does not 

include information concerning pitfalls 

that could adversely affect the plan to 

avoid damage to Historical and 

Archaeological Resources. 

2. Contention 2—The SAMA analysis 

in the LRA does not accurately reflect 

the site restoration costs for the area 

surrounding the PINGP, including the 

PIIC and its associated Treasure Island 

complex. The Site Restoration Study 

methodology should be used to develop 

more appropriate input for the analysis. 

3. Contention 5—Applicant’s 

environmental report contains a 

seriously flawed environmental justice 

analysis that does not adequately assess 

the impacts of the PINGP on the 

adjacent minority population. 

4. Contention 6—The LRA does not 

include an adequate plan to monitor 

and manage the effects of aging for 

containment coatings, whose integrity is 

directly related to plant safety and the 

performance of the emergency core 

cooling systems. 

5. Contention 7—The LRA does not 

contain an adequate plan to monitor and 

manage the effects of aging due to 

embrittlement of the reactor vessel 

internals. 

6. Contention 8—Section B2.1.27 of 

the LRA does not contain an adequate 

plan to monitor the effects of primary 

water stress corrosion cracking of 

nickel-alloy components. 

7. Contention 11—The LRA fails to 

supply sufficient details of the aging 

management program for flow 

accelerated corrosion to demonstrate 

that its effects will be adequately 

managed. 

The Board also ruled that the 

procedures of Subpart L shall be used 

for these admitted contentions.7 On 

December 15, 2008, Northern States 

Power Company (Applicant) filed a 

motion for reconsideration of LBP–08– 

26 regarding Contention 5 or in the 

alternative, for referral to the 

Commission. The Board denied this 

motion on January 16, 2009. 

In light of the foregoing, please take 

notice that a hearing will be conducted 

in this proceeding. The Board may 

conduct an oral argument,8 may hold 

pre-hearing conferences,9 and may 

conduct evidentiary hearings.10 In that