[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Notices]
[Pages 19994-19996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9619]
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NUCLEAR REGULATORY COMMISSION
Notice of Acceptance for Docketing of the Application, and Notice
of Opportunity for a Hearing, on an Application for Authority To
Construct a Mixed Oxide Fuel Fabrication Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Acceptance of Application for Docketing, and Notice
of Opportunity for a Hearing.
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SUMMARY: This notice announces that the NRC has accepted for docketing
from Duke Cogema Stone & Webster (DCS) an application for authority to
construct a mixed oxide (MOX) fuel fabrication facility. The NRC has
accepted the construction authorization request (CAR) for docketing,
and, accordingly, is providing this notice of opportunity for hearing
on the DCS application.
DATES: By May 18, 2001, any person who wishes to participate as a party
in an NRC hearing pertaining to the CAR must file a written request for
hearing.
ADDRESSES: Pursuant to 10 CFR 2.1203(a) and (e), any request for a
hearing must be served on the Secretary of the Commission in accordance
with the procedures in 10 CFR 2.712, as follows: (1) By delivery to the
Rulemakings and Adjudications Staff of the Office of the Secretary,
U.S. Nuclear Regulatory Commission, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852, between 7:45 a.m. and 4:15 p.m.,
Federal workdays; or (2) by mail, telegram, or facsimile addressed to
the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, Attention: Rulemakings and Adjudications Staff. Pursuant to
10 CFR 2.1205(f), written hearing requests must also be delivered, by
hand or by mail, to the Office of the General
[[Page 19995]]
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
by the above date. A copy of the hearing request must also be sent to
Donald J. Silverman, Esq., Morgan, Lewis & Bockius, 1800 M Street, NW.,
Washington, DC 20036-5869, attorney for DCS. Nontimely requests for
hearing will not be entertained absent a determination by the NRC, the
presiding officer, or the Chairman of the Atomic Safety and Licensing
Board Panel, that the request for hearing should be granted based upon
a balancing of the factors specified in 10 CFR 2.1205(l).
FOR FURTHER INFORMATION CONTACT: Andrew Persinko, MOX Project Manager,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Telephone: (301) 415-6522, or Tim Johnson, Backup Project Manager, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301) 415-7299. Fax number: (301) 415-5390.
SUPPLEMENTARY INFORMATION: On February 28, 2001, Duke Cogema Stone &
Webster (DCS) submitted to the United States Nuclear Regulatory
Commission (NRC) an application for authority to construct a mixed
oxide (MOX) fuel fabrication facility, to be located at the United
States Department of Energy's Savannah River Site in South Carolina. A
notice reflecting the NRC's receipt of the construction authorization
request (CAR), and the related environmental report submitted by DCS in
December, 2000, was published in the Federal Register on March 7, 2001;
66 FR 13794, Duke Cogema Stone & Webster; Notice of Intent To Prepare
an Environmental Impact Statement for the Mixed Oxide Fuel Fabrication
Facility. Additionally, by letter dated January 29, 2001, DCS submitted
to the NRC a quality assurance plan regarding the proposed MOX fuel
fabrication facility. The CAR (non-proprietary version), the January
2001 quality assurance plan, and the December 2000 environmental report
submitted by DCS are available for review and copying using any of the
following methods: (1) enter the NRC's MOX website at http://www.nrc.gov/NRC/NMSS/MOX/index.html; (2) enter the NRC's Agency wide
Document Access and Management System (ADAMS) at http://www.nrc.gov/NRC/ADAMS/index.html, where the accession numbers for the documents are
ML010650204 (for the CAR); ML010450042 and ML010450055 (for the quality
assurance plan); and ML003780152 (for the environmental report); or (3)
contact the NRC's Public Document Room (PDR) by calling (800) 397-4209,
faxing a request to (301) 415-3548, or sending a request by electronic
mail to [email protected]. Hard copies of the documents are available from
the PDR for a fee. Additionally, with respect to the CAR only, non-
proprietary copies are available from the PDR in CD-ROM format (a two
CD set). Hard copies (of the non-proprietary version) of the CAR are in
the process of being placed in public libraries located in: Aiken, SC;
Columbia, SC; North Augusta, SC; Charlotte, NC; Raleigh, NC; Augusta,
GA; Atlanta, GA; and Savannah, GA.
The NRC is conducting a detailed review of the CAR, the December
2000 environmental report, and the January 2001 quality assurance plan.
The results of the NRC's review of these DCS filings will be documented
in a safety evaluation report and an environmental impact statement. As
stated in the March 7, 2001, Federal Register notice, in the summer of
2002 DCS plans to submit a request for authority to operate the MOX
facility and that request would be the subject of a separate notice of
opportunity for hearing.
The NRC has now accepted the CAR for docketing, and, accordingly,
is providing this notice of opportunity for hearing on the DCS
application for authority to construct a MOX fuel fabrication facility.
In order to approve the CAR, the NRC must find that the design bases of
the proposed MOX fuel fabrication facility's principal structures,
systems, and components, together with the DCS quality assurance plan,
``provide reasonable assurance of protection against natural phenomena
and the consequences of potential accidents.'' 10 CFR 70.23(b).
Additionally, to meet the NRC's responsibilities under the National
Environmental Policy Act (NEPA), the NRC's environmental review of the
proposed licensing action must determine whether ``the action called
for is the issuance of the proposed license.'' 10 CFR 70.23(a)(7). If
the necessary findings are made and the CAR is approved, construction
of the MOX fuel fabrication facility could then begin. In order to
authorize operation of a MOX fuel fabrication facility (i.e., by
granting a 10 CFR part 70 license), the NRC must find that construction
of the facility has been properly completed (see 10 CFR 70.23(a)(8)),
and that all other applicable 10 CFR part 70 requirements have been
met.
Since consideration of the CAR is a necessary first step in a
process potentially leading to the issuance of a 10 CFR part 70
materials license, the informal hearing procedures contained in 10 CFR
part 2, Subpart L are generally applicable. See 10 CFR 2.1201(a)(1).
Accordingly, in considering requests for hearing filed pursuant to this
notice, and in conducting any adjudicatory hearing on the CAR, the
Subpart L hearing procedures will govern except as specified below. To
enhance the effectiveness of the adjudicatory process, additional
procedures, including the option for oral questioning of expert
witnesses by the presiding officer as necessary to supplement the
record, will be used in this proceeding, as described below.
As stated above, any person who wishes to participate as a party in
an NRC hearing pertaining to the CAR must file a written request for a
hearing. Requests for a hearing shall be filed in accordance with the
NRC's ``Rules of Practice for Domestic Licensing Proceedings'' in 10
CFR Part 2, Subpart L (``Informal Hearing Procedures''). Pursuant to 10
CFR 2.1203(a) and (e), any request for a hearing must be served on the
Secretary of the Commission in accordance with the procedures in 10 CFR
2.712, as follows: (1) by delivery to the Rulemakings and Adjudications
Staff of the Office of the Secretary, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852, between 7:45 a.m. and 4:15 p.m., Federal workdays; or (2) by
mail, telegram, or facsimile addressed to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff. Pursuant to 10 CFR 2.1205(f),
written hearing requests must also be delivered, by hand or by mail, to
the Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, by the above date. A copy of the hearing
request must also be sent to Donald J. Silverman, Esq., Morgan, Lewis &
Bockius, 1800 M Street, N.W., Washington, DC 20036-5869, attorney for
DCS. Nontimely requests for hearing will not be entertained absent a
determination by the NRC, the presiding officer, or the Chairman of the
Atomic Safety and Licensing Board Panel, that the request for hearing
should be granted based upon a balancing of the factors specified in 10
CFR 2.1205(l).
Interested persons should consult a current copy of 10 CFR 2.1205,
which is available at the NRC's PDR, located at One White Flint North,
11555 Rockville Pike (first floor), Rockville, MD (or call the PDR at
(800) 397-4209 or (301) 415-4737). NRC regulations are also accessible
electronically from the NRC's Electronic Reading Room on the NRC Web
site, http://www.nrc.gov. If a request for hearing is filed by the
above
[[Page 19996]]
date, the NRC, or a presiding officer designated by the NRC or by the
Chairman of the Atomic Safety and Licensing Board Panel, which may
include a single administrative judge with or without technical
assistants or a three-judge panel, will rule on the request; and the
designated presiding officer will issue a notice of hearing or an
appropriate order.
As required by 10 CFR 2.1205, a hearing request shall set forth
with particularity the interest of the requestor in the proceeding, and
how that interest may be affected by the results of the proceeding.
Here, as an initial matter, any person requesting a hearing on the CAR
will have to establish in their request for hearing that their
interests could be affected if the CAR is approved, and the MOX fuel
fabrication facility is built at the proposed site in South Carolina.
This requirement to establish standing is applicable in any NRC
adjudicatory proceeding. Those requesting a hearing on the CAR should
refer to the provisions stated in 10 CFR 2.1205(e) and 2.1205(h) for
further information regarding the requirements to establish standing.
Before ruling on other matters, the presiding officer will determine
whether petitioners have established standing. Additional information
pertaining to any NRC hearing which may be held regarding the DCS
request for construction authority is provided below.
A. Contentions
Any petitioner who establishes standing to participate would also
be required to submit contentions, which the presiding officer would
evaluate using the standards set forth in 10 CFR 2.714(b)(2). The
Subpart L requirements pertaining to areas of concern (see, e.g., 10
CFR 2.1205(e)(3); and 2.1205(h)) will not be applicable.
Petitioners will be required to submit contentions within 50 days
of the date a presiding officer is appointed, and will have the burden
of showing that the contentions are admissible. In this regard,
contentions are expected to focus on the CAR, the December 2000
environmental report, and/or the January 2001 quality assurance plan
submitted by DCS. Petitioners will not be permitted to wait for the NRC
staff to issue its safety evaluation report or environmental impact
statement before formulating contentions. As indicated above, the CAR
available for public review is the non-proprietary version, and does
not include information pertaining to safeguards, and other financial
and commercial information considered proprietary. Access to the
proprietary version of the CAR, for purposes of submitting any
contentions based on withheld information, will be subject to later
determination by the presiding officer, after rulings on standing are
made.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner shall provide a brief explanation of the bases of the
contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention. The petitioner must also
provide references to those specific sources and documents of which the
petitioner is aware and on which the petitioner intends to rely to
establish those facts or expert opinion. The petitioner must provide
sufficient information to show that a genuine dispute exists with DCS
on a material issue of law or fact.\1\ Contentions shall be limited to
matters within the scope of the DCS application for authority to
construct a MOX fuel fabrication facility. The contention must be one
which, if proven, would entitle the petitioner to relief. A petitioner
who fails to file at least one contention which satisfies these
requirements will not be permitted to participate as a party.
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\1\ ``[A]t the contention filing stage[,] the factual support
necessary to show that a genuine dispute exists need not be in
affidavit or formal evidentiary form and need not be of the quality
necessary to withstand a summary disposition motion.'' Statement of
Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18,
22 n.1 (1998) (citing Rules of Practice for Domestic Licensing
Proceedings--Procedural Changes in the Hearing Process, Final Rule,
54 Fed. Reg. 33,168, 33,171 (August 11, 1989).
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B. Discovery
In the event one or more contentions are admitted, limited
discovery (by deposition, interrogatory, or both) from non-NRC sources
pertaining to admitted contentions will be permitted. Such discovery
would be governed by 10 CFR 2.740a(a)-(i), and 2.740b. Discovery
regarding documents should not be necessary, given the inclusiveness of
the hearing file requirements of 10 CFR 2.1231(b-c). In ruling on any
discovery matters, the presiding officer would use the standards of 10
CFR 2.740. Thus, the provisions of 10 CFR 2.1231(d) prohibiting any
discovery in 10 CFR part 2, Subpart L proceedings, will not be
applicable. Formal discovery against the Staff, pursuant to 10 CFR
2.720(h) and 2.740, will be suspended until after issuance of the
required final Safety Evaluation Report (SER) and the Final
Environmental Impact Statement (EIS).
C. Written and Oral Presentations
Following discovery on any admitted contentions, and after the
final SER and EIS are issued, the parties would simultaneously submit
their written presentations, pursuant to 10 CFR 2.1233. Any expert
testimony on which a party relies would have to be included as part of
the written presentation. The parties would then file simultaneous
responses to the written presentations. In submitting written
presentations, or responses to written presentations, any party wishing
to present expert testimony will be required to do so by affidavit,
using a question and answer format in the form of a direct examination.
Any party presenting such testimony would be required to make the
expert available, in person, for questioning by the presiding officer,
as determined necessary by the presiding officer. It is anticipated
that the presiding officer may conduct oral presentations to supplement
the written hearing record previously developed. The parties will be
able to submit to the presiding officer proposed questions to be
addressed to the expert witnesses by the presiding officer at the oral
presentations.
Dated at Rockville, Maryland, this 12th day of April 2001.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 01-9619 Filed 4-17-01; 8:45 am]
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