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Federal Register / Vol. 71, No.

58 / Monday, March 27, 2006 / Notices 15223

petition must also set forth the specific mail, and expedited delivery services: rm/adams.html under ADAMS
contentions which the petitioner/ Office of the Secretary, Sixteenth Floor, Accession Number ML060300024.
requestor seeks to have litigated at the One White Flint North, 11555 Rockville Persons who do not have access to
proceeding. Pike, Rockville, Maryland 20852, ADAMS or who encounter problems in
Each contention must consist of a Attention: Rulemaking and accessing the documents located in
specific statement of the issue of law or Adjudications Staff; (3) e-mail ADAMS may contact the NRC Public
fact to be raised or controverted. In addressed to the Office of the Secretary, Document Room (PDR) Reference staff
addition, the requestor/petitioner shall U.S. Nuclear Regulatory Commission, by telephone at 1–800–397–4209, 301–
provide a brief explanation of the bases HEARINGDOCKET@NRC.GOV; or (4) 415–4737, or by e-mail to pdr@nrc.gov.
of each contention and a concise facsimile transmission addressed to the The staff has verified that a copy of
statement of the alleged facts or the Office of the Secretary, U.S. Nuclear the license renewal application is also
expert opinion that supports the Regulatory Commission, Washington, available to local residents near the
contention on which the requestor/ DC, Attention: Rulemakings and Pilgrim Nuclear Power Station at the
petitioner intends to rely in proving the Adjudications Staff at 301–415–1101, Plymouth Public Library, 132 South
contention at the hearing. The verification number is 301–415–1966.2 Street, Plymouth, MA 02360, and The
requestor/petitioner must also provide A copy of the request for hearing and Duxbury Free Library, 77 Alden Street,
references to those specific sources and petition for leave to intervene must also Duxbury, MA 02332.
documents of which the requestor/ be sent to the Office of the General Dated at Rockville, Maryland, this 21st day
petitioner is aware and on which the Counsel, U.S. Nuclear Regulatory of March, 2006.
requestor/petitioner intends to rely to Commission, Washington, DC 20555–
For the Nuclear Regulatory Commission.
establish those facts or expert opinion. 0001, and it is requested that copies be
The requestor/petitioner must provide Frank P. Gillespie,
transmitted either by means of facsimile
sufficient information to show that a transmission to 301–415–3725 or by e- Director, Division of License Renewal, Office
genuine dispute exists with the mail to OGCMailCenter@nrc.gov. A copy of Nuclear Reactor Regulation.
applicant on a material issue of law or of the request for hearing and petition [FR Doc. E6–4382 Filed 3–24–06; 8:45 am]
fact.1 Contentions shall be limited to for leave to intervene should also be BILLING CODE 7590–01–P
matters within the scope of the action sent to the attorney for the applicant,
under consideration. The contention Mr. Terence A. Burke, Entergy Nuclear,
must be one that, if proven, would 1340 Echelon Parkway, Mail Stop M– NUCLEAR REGULATORY
entitle the requestor/petitioner to relief. ECH–62, Jackson, MS 39213. COMMISSION
A requestor/petitioner who fails to Non-timely requests and/or petitions [Docket Nos. 50–321 and 50–366]
satisfy these requirements with respect and contentions will not be entertained
to at least one contention will not be absent a determination by the Southern Nuclear Operating Company,
permitted to participate as a party. Commission, the presiding officer, or Inc., Georgia Power Company,Edwin I.
The Commission requests that each the Atomic Safety and Licensing Board Hatch Nuclear Plant, Unit Nos. 1 and 2;
contention be given a separate numeric that the petition, request and/or Notice of Consideration of Issuance of
or alpha designation within one of the contentions should be granted based on Amendments to Facility Operating
following groups: (1) Technical a balancing of the factors specified in 10 Licenses, Proposed No Significant
(primarily related to safety concerns); CFR 2.309(a)(1)(i)–(viii). Hazards Consideration Determination,
(2) environmental; or (3) miscellaneous. Detailed information about the license and Opportunity for a Hearing
As specified in 10 CFR 2.309, if two renewal process can be found under the
or more requestors/petitioners seek to Nuclear Reactors icon at http:// The U.S. Nuclear Regulatory
co-sponsor a contention or propose www.nrc.gov/reactors/operating/ Commission (the Commission) is
substantially the same contention, the licensing/renewal.html on the NRC’s considering issuance of amendments to
requestors/petitioners will be required Web site. Copies of the application to Facility Operating License Nos. DPR–57
to jointly designate a representative who renew the operating license for Pilgrim and NPF–5, issued to Southern Nuclear
shall have the authority to act for the Nuclear Power Station, are available for Operating Company, Inc. (SNC, the
requestors/petitioners with respect to public inspection at the Commission’s licensee), for operation of the Edwin I.
that contention. PDR, located at One White Flint North, Hatch Nuclear Plant, Unit Nos. 1 and 2,
Those permitted to intervene become 11555 Rockville Pike, first floor, located in Appling County, Georgia.
parties to the proceeding, subject to any Rockville, Maryland 20852–2738, and at The proposed amendment would add
limitations in the order granting leave to http://www.nrc.gov/reactors/operating/ a license condition to Section 2.C of the
intervene, and have the opportunity to licensing/renewal/applications.html, the Edwin I. Hatch Nuclear Plant, Unit Nos.
participate fully in the conduct of the NRC’s Web site while the application is 1 and 2, Operating Licenses. This
hearing. A request for a hearing or a under review. The NRC maintains an license condition will authorize the
petition for leave to intervene must be Agencywide Documents Access and licensee to credit administering
filed by: (1) First class mail addressed Management System (ADAMS), which potassium iodide (KI) to reduce the 30-
to the Office of the Secretary of the provides text and image files of NRC’s day post-accident thyroid radiological
Commission, U.S. Nuclear Regulatory public documents. These documents dose to the operators in the main control
Commission, Washington, DC 20555– may be accessed through the NRC’s room (MCR) for an interim period of
0001, Attention: Rulemaking and Public Electronic Reading Room on the approximately 4 years. In addition, the
Adjudications Staff; (2) courier, express Internet at http://www.nrc.gov/reading- design-basis accident (DBA) analysis
section of the Updated Final Safety
1 To the extent that the application contains 2 If the request/petition is filed by e-mail or Analysis Reports will be updated to
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attachments and supporting documents that are not facsimile, an original and two copies of the reflect crediting of KI.
publicly available because they are asserted to document must be mailed within 2 (two) business Before issuance of the proposed
contain safeguards or proprietary information, days thereafter to the Secretary, U.S. Nuclear
petitioners desiring access to this information Regulatory Commission, Washington, DC 20555–
license amendments, the Commission
should contact the applicant or applicant’s counsel 0001; Attention: Rulemaking and Adjudications will have made findings required by the
to discuss the need for a protective order. Staff. Atomic Energy Act of 1954, as amended

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15224 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices

(the Act), and the Commission’s proposed change does not create the any hearing will take place after
regulations. possibility of a new or different kind of issuance. The Commission expects that
The Commission has made a accident from any previously evaluated. the need to take this action will occur
proposed determination that the 3. Does the proposed change involve a very infrequently.
significant decrease in the margin of safety? Written comments may be submitted
amendment request involves no
This proposed change will authorize SNC
significant hazards consideration. Under to credit KI for an interim period in the DBA
by mail to the Chief, Rules and
the Commission’s regulations in Title 10 radiological consequences analyses to Directives Branch, Division of
of the Code of Federal Regulations (10 address the impact of MCR unfiltered Administrative Services, Office of
CFR), § 50.92, this means that operation inleakage. This proposed change does not Administration, U.S. Nuclear Regulatory
of the facility in accordance with the result in any functional or operational change Commission, Washington, DC 20555–
proposed amendments would not (1) to any systems, structures, or components. 0001, and should cite the publication
involve a significant increase in the This proposed change introduces an date and page number of this Federal
probability or consequences of an additional method of mitigating the thyroid Register notice. Written comments may
dose to MCR occupants in the event of a also be delivered to Room 6D59, Two
accident previously evaluated; or (2)
LOCA. The updated LOCA MCR radiological White Flint North, 11545 Rockville
create the possibility of a new or dose, considering 110 cfm unfiltered
different kind of accident from any inleakage and crediting KI, continues to meet
Pike, Rockville, Maryland, from 7:30
accident previously evaluated; or (3) GDC 19 acceptance limits. In the context of a.m. to 4:15 p.m. Federal workdays.
involve a significant reduction in a the current licensing basis with MCR Documents may be examined, and/or
margin of safety. As required by 10 CFR unfiltered inleakage considered, LOCA copied for a fee, at the NRC’s Public
50.91(a), the licensee has provided its continues to be the limiting event for Document Room (PDR), located at One
analysis of the issue of no significant radiological exposures to the operators in the White Flint North, Public File Area O1
hazards consideration, which is MCR. Radiological doses to MCR occupants F21, 11555 Rockville Pike (first floor),
are within the regulatory limits of GDC 19 Rockville, Maryland.
presented below:
with MCR unfiltered inleakages of up to 1000 The filing of requests for hearing and
1. Does the proposed change involve a cfm without the crediting of KI for the main petitions for leave to intervene is
significant increase in the probability or steam line break accident (MSLB), control
consequences of an accident previously discussed below.
rod drop accident (CRDA), and fuel handling
evaluated? Within 60 days after the date of
accident (FHA). Therefore, the proposed
This proposed change will authorize SNC change does not involve a significant publication of this notice, the licensee
to credit KI for an interim period in the DBA decrease in the margin of safety. may file a request for a hearing with
radiological consequences analyses to respect to issuance of the amendment to
address the impact of MCR unfiltered The NRC staff has reviewed the the subject facility operating license and
inleakage. This proposed change does not licensee’s analysis and, based on this any person whose interest may be
result in any functional or operational change review, it appears that the three affected by this proceeding and who
to any systems, structures, or components standards of 10 CFR 50.92(c) are wishes to participate as a party in the
and has no impact on any assumed initiator satisfied. Therefore, the NRC staff proceeding must file a written request
of any analyzed accident. Therefore, the proposes to determine that the
proposed change does not result in an for a hearing and a petition for leave to
amendment request involves no intervene. Requests for a hearing and a
increase in the probability of an accident
previously evaluated.
significant hazards consideration. petition for leave to intervene shall be
This proposed change introduces an The Commission is seeking public filed in accordance with the
additional method of mitigating the thyroid comments on this proposed Commission’s ‘‘Rules of Practice for
dose to MCR occupants in the event of a loss- determination. Any comments received Domestic Licensing Proceedings’’ in 10
of-coolant accident (LOCA). The updated within 30 days after the date of CFR part 2. Interested persons should
LOCA MCR radiological dose, considering publication of this notice will be consult a current copy of 10 CFR 2.309,
110 [cubic feet/minute] cfm unfiltered considered in making any final which is available at the Commission’s
inleakage and crediting KI, continues to meet determination. PDR, located at One White Flint North,
[General Design Criterion] GDC 19 Normally, the Commission will not
acceptance limits. In the context of the Public File Area O1F21, 11555
current licensing basis with MCR unfiltered
issue the amendment until the Rockville Pike (first floor), Rockville,
inleakage considered, LOCA continues to be expiration of 60 days after the date of Maryland. Publicly available records
the limiting event for radiological exposures publication of this notice. The will be accessible from the Agencywide
to the operators in the MCR. Radiological Commission may issue the license Documents Access and Management
doses to MCR occupants are within the amendment before expiration of the 60- System’s (ADAMS) Public Electronic
regulatory limits of GDC 19 with MCR day period provided that its final Reading Room on the Internet at the
unfiltered inleakages of up to 1000 cfm determination is that the amendment NRC Web site, http://www.nrc.gov/
without the crediting of KI for the main involves no significant hazards reading-rm/doc-collections/cfr/. If a
steam line break accident (MSLB), control consideration. In addition, the
rod drop accident (CRDA), and fuel handling
request for a hearing or petition for
accident (FHA). Therefore, the proposed
Commission may issue the amendment leave to intervene is filed by the above
change does not result in a significant prior to the expiration of the 30-day date, the Commission or a presiding
increase in the consequences of an accident comment period should circumstances officer designated by the Commission or
previously evaluated. change during the 30-day comment by the Chief Administrative Judge of the
2. Does the proposed change create the period such that failure to act in a Atomic Safety and Licensing Board
possibility of a new or different kind of timely way would result, for example in Panel, will rule on the request and/or
accident from any previously evaluated? derating or shutdown of the facility. petition; and the Secretary or the Chief
This proposed change will authorize SNC Should the Commission take action Administrative Judge of the Atomic
to credit KI for an interim period in the prior to the expiration of either the Safety and Licensing Board will issue a
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[Design Basis Accident] DBA radiological


consequences analyses to address the impact
comment period or the notice period, it notice of a hearing or an appropriate
of MCR unfiltered inleakage. This proposed will publish in the Federal Register a order.
change does not result in any functional or notice of issuance. Should the As required by 10 CFR 2.309, a
operational change to any systems, Commission make a final No Significant petition for leave to intervene shall set
structures, or components. Therefore, the Hazards Consideration Determination, forth with particularity the interest of

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices 15225

the petitioner in the proceeding, and held would take place after issuance of ADAMS or who encounter problems in
how that interest may be affected by the the amendment. If the final accessing the documents located in
results of the proceeding. The petition determination is that the amendment ADAMS, should contact the NRC PDR
should specifically explain the reasons request involves a significant hazards Reference staff by telephone at 1–800–
why intervention should be permitted consideration, any hearing held would 397–4209, 301–415–4737, or by e-mail
with particular reference to the take place before the issuance of any to pdr@nrc.gov.
following general requirements: (1) The amendment. Dated at Rockville, Maryland, this 22nd
name, address and telephone number of Nontimely requests and/or petitions day of March, 2006.
the requestor or petitioner; (2) the and contentions will not be entertained
For the Nuclear Regulatory Commission.
nature of the requestor’s/petitioner’s absent a determination by the
Robert E. Martin,
right under the Act to be made a party Commission or the presiding officer of
to the proceeding; (3) the nature and the Atomic Safety and Licensing Board Senior Project Manager, Plant Licensing
Branch II–1, Division of Operating Reactor
extent of the requestor’s/petitioner’s that the petition, request and/or the
Licensing, Office of Nuclear Reactor
property, financial, or other interest in contentions should be granted based on Regulation.
the proceeding; and (4) the possible a balancing of the factors specified in 10
[FR Doc. E6–4372 Filed 3–24–06; 8:45 am]
effect of any decision or order which CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition BILLING CODE 7590–01–P
may be entered in the proceeding on the
requestors/petitioner’s interest. The for leave to intervene must be filed by:
petition must also identify the specific (1) First class mail addressed to the
Office of the Secretary of the NUCLEAR REGULATORY
contentions which the petitioner/ COMMISSION
requestor seeks to have litigated at the Commission, U.S. Nuclear Regulatory
proceeding. Commission, Washington, DC 20555– [Docket Nos. (as shown in Attachment 1);
Each contention must consist of a 0001, Attention: Rulemaking and License Nos. (as shown in Attachment 1);
specific statement of the issue of law or Adjudications Staff; (2) courier, express EA–06–037]
fact to be raised or controverted. In mail, and expedited delivery services:
addition, the petitioner/requestor shall Office of the Secretary, Sixteenth Floor, In the Matter of Operating Power
provide a brief explanation of the bases One White Flint North, 11555 Rockville Reactor Licensees Identified in
for the contention and a concise Pike, Rockville, Maryland, 20852, Attachment 1; Order Modifying
statement of the alleged facts or expert Attention: Rulemaking and Licenses (Effective Immediately)
opinion which support the contention Adjudications Staff; (3) E-mail I.
and on which the petitioner intends to addressed to the Office of the Secretary,
rely in proving the contention at the U.S. Nuclear Regulatory Commission, The licensees identified in
hearing. The petitioner/requestor must HEARINGDOCKET@NRC.GOV; or (4) Attachment 1 to this Order hold licenses
also provide references to those specific facsimile transmission addressed to the issued by the U.S. Nuclear Regulatory
sources and documents of which the Office of the Secretary, U.S. Nuclear Commission (NRC or the Commission)
petitioner is aware and on which the Regulatory Commission, Washington, authorizing operation of nuclear power
petitioner intends to rely to establish DC, Attention: Rulemakings and plants in accordance with the Atomic
those facts or expert opinion. The Adjudications Staff at (301) 415–1101, Energy Act of 1954 and Title 10 of the
petition must include sufficient verification number is (301) 415–1966. Code of Federal Regulations (10 CFR)
information to show that a genuine A copy of the request for hearing and part 50. Commission regulations at 10
dispute exists with the applicant on a petition for leave to intervene should CFR 50.54(p)(1) require these licensees
material issue of law or fact. also be sent to the Office of the General to maintain safeguards contingency plan
Contentions shall be limited to matters Counsel, U.S. Nuclear Regulatory procedures in accordance with 10 CFR
within the scope of the amendment Commission, Washington, DC 20555– part 73, Appendix C. Specific
under consideration. The contention 0001, and it is requested that copies be safeguards requirements for reactors are
must be one which, if proven, would transmitted either by means of facsimile contained in 10 CFR 73.55.
entitle the petitioner to relief. A transmission to 301–415–3725 or by e- II.
petitioner/requestor who fails to satisfy mail to OGCMailCenter@nrc.gov. A copy
these requirements with respect to at of the request for hearing and petition On September 11, 2001, terrorists
least one contention will not be for leave to intervene should also be simultaneously attacked targets in New
permitted to participate as a party. sent to Ernest L. Blake, Jr., Esquire, York, N.Y., and Washington, DC, using
Those permitted to intervene become Shaw, Pittman, Potts and Trowbridge, large commercial aircraft as weapons. In
parties to the proceeding, subject to any 2300 N Street, NW., Washington, DC response to the attacks and intelligence
limitations in the order granting leave to 20037, attorney for the licensee. information subsequently obtained, the
intervene, and have the opportunity to For further details with respect to this Commission issued a number of
participate fully in the conduct of the action, see the application for Safeguards and Threat Advisories to its
hearing. amendment dated March 17, 2006, licensees, and eventually Orders to
If a hearing is requested, the which is available for public inspection selected licensees, to strengthen
Commission will make a final at the Commission’s PDR, located at licensees’ capabilities and readiness to
determination on the issue of no One White Flint North, Public File Area respond to a potential attack on a
significant hazards consideration. The O1 F21, 11555 Rockville Pike (first nuclear facility. On April 29, 2003, the
final determination will serve to decide floor), Rockville, Maryland. Publicly Commission issued an Order to all
when the hearing is held. If the final available records will be accessible from operating power reactor licensees that
determination is that the amendment the Agencywide Documents Access and enhanced the design basis threat (DBT)
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request involves no significant hazards Management System’s (ADAMS) Public specified in 10 CFR 73.1.
consideration, the Commission may Electronic Reading Room on the Internet As a result of the Commission’s
issue the amendment and make it at the NRC Web site, http:// continued assessment of threat
immediately effective, notwithstanding www.nrc.gov/reading-rm/adams.html. information, the Commission has
the request for a hearing. Any hearing Persons who do not have access to determined that a revision to one of the

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