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74532
Federal Register
/Vol. 73, No. 236/Monday, December 8, 2008/Notices
LLC pursuant to Subpart C of 10 CFRpart 52 for a combined license forCalvert Cliffs Nuclear Power Plant Unit3, which would be located in CalvertCounty, Maryland. The State of Maryland also submitted a request toparticipate in the proceeding as aninterested State.The Board is comprised of thefollowing administrative judges:Ronald M. Spritzer, Chairman, AtomicSafety and Licensing Board Panel,U.S. Nuclear Regulatory Commission,Washington, DC 20555–0001;Gary S. Arnold, Atomic Safety andLicensing Board Panel, U.S. NuclearRegulatory Commission, Washington,DC 20555–0001;William W. Sager, Atomic Safety andLicensing Board Panel, U.S. NuclearRegulatory Commission, Washington,DC 20555–0001.All correspondence, documents, andother materials shall be filed inaccordance with the NRC E-Filing rule,which the NRC promulgated in August2007 (72 FR 49,139).
Issued at Rockville, Maryland, this 2nd dayof December 2008.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. E8–28950 Filed 12–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORYCOMMISSION
[Docket Nos. 52–025–COL and 52–026–COL; ASLBP No.09–873–01–COL–BD01]
Southern Nuclear Operating Company;Establishment of Atomic Safety andLicensing Board
Pursuant to delegation by theCommission dated December 29, 1972,published in the
Federal Register
, 37 FR28,710 (1972), and the Commission’sregulations, see 10 CFR 2.104, 2.300,2.303, 2.309, 2.311, 2.318, and 2.321,notice is hereby given that an AtomicSafety and Licensing Board (Board) is being established to preside over thefollowing proceeding:
Southern Nuclear Operating Company
(Vogtle Electric Generating Plant, Units3 and 4)
This proceeding concerns a Petition toIntervene from the Atlanta Women’sAction for New Directions (Atlanta,WAND), Blue Ridge EnvironmentalDefense League (BREDL), Center for aSustainable Coast (CSC), SavannahRiverkeeper, and Southern Alliance forClean Energy (SACE), which wassubmitted in response to a September16, 2008, Notice of Hearing andOpportunity to Petition for Leave toIntervene on a Combined License for theVogtle Electric Generating Plant Units 3and 4 (73 FR 53,446). The Petition toIntervene challenges the applicationfiled by Southern Nuclear OperatingCompany pursuant to Subpart C of 10CFR Part 52 for a combined license forVogtle Electric Generating Plant, Units 3and 4, which would be located in BurkeCounty, Georgia.The Board is comprised of thefollowing administrative judges:G. Paul Bollwerk, III, Chairman, AtomicSafety and Licensing Board Panel,U.S. Nuclear Regulatory Commission,Washington, DC 20555–0001;Nicholas G. Trikouros, Atomic Safetyand Licensing Board Panel, U.S.Nuclear Regulatory Commission,Washington, DC 20555–0001; James F. Jackson, Atomic Safety andLicensing Board Panel, U.S. NuclearRegulatory Commission, Washington,DC 20555–0001.All correspondence, documents, andother materials shall be filed inaccordance with the NRC E-Filing rule,which the NRC promulgated in August2007 (72 FR 49,139).
Issued at Rockville, Maryland, this 2nd dayof December 2008.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. E8–28951 Filed 12–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORYCOMMISSION
[Docket Nos. 52–029 and 52–030]
Progress Energy Florida, Inc.;Application for the Levy CountyNuclear Power Plant Units 1 and 2;Notice of Order, Hearing, andOpportunity To Petition for Leave ToIntervene
Pursuant to the Atomic Energy Act of 1954, as amended, and the regulationsin Title 10 of the
Code of Federal Regulations
(10 CFR) Part 2, ‘‘Rules of Practice for Domestic LicensingProceedings and Issuance of Orders,’’ 10CFR part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’and 10 CFR part 52, ‘‘Licenses,Certifications, and Approvals forNuclear Power Plants,’’ notice is herebygiven that a hearing will be held, at atime and place to be set in the future bythe U.S. Nuclear RegulatoryCommission (NRC, the Commission) ordesignated by the Atomic Safety andLicensing Board (Board). The hearingwill consider the application dated July28, 2008, and supplemental informationdated September 12, 2008, filed byProgress Energy Florida, Inc. (PEF),pursuant to Subpart C of 10 CFR Part 52,for a combined license (COL). Theapplication requests approval of a COLfor Levy Nuclear Power Plant Units 1and 2, to be located in Levy County,Florida. The application also requests alimited work authorization pursuant to10 CFR 50.10. The application wasaccepted for docketing on October 6,2008 (October 14, 2008; 73 FR 60726).The docket numbers established for thisCOL application are 52–029 and 52–030. The Levy County COL applicationincorporates by reference Appendix D to10 CFR 52 (which includes the AP1000design through Revision 15), asamended by the AP1000 Design ControlDocument (DCD) submitted byWestinghouse as Revision 16 andWestinghouse Technical Report APP–GW–GLR–134, Revision 5. By letter toWestinghouse dated January 18, 2008,the staff accepted DCD Revision 16 fordocketing. Proposed amendments to theAP1000 certified design are the subjectof an ongoing rulemaking under docketnumber 52–006.The hearing will be conducted by aBoard that will be designated by theChairman of the Atomic Safety andLicensing Board Panel or will beconducted by the Commission. Noticeas to the membership of the Board will be published in the
Federal Register
ata later date. The NRC staff will completea detailed technical review of theapplication and will document itsfindings in a safety evaluation report.The Commission will refer a copy of theapplication to the Advisory Committeeon Reactor Safeguards (ACRS) inaccordance with 10 CFR 52.87, ‘‘Referralto the ACRS,’’ and the ACRS will reporton those portions of the application thatconcern safety.The NRC staff will also prepare anEnvironmental Impact Statement, asrequired by 10 CFR 51.20(b)(2).Any person whose interest may beaffected by this proceeding and desire toparticipate as a party to this proceedingmust file a written petition for leave tointervene in accordance with 10 CFR2.309. Those permitted to intervene become parties to the proceeding,subject to any limitations in the ordergranting leave to intervene, and have theopportunity to participate fully in theconduct of the hearing.A petition for a leave to intervenemust be filed no later than 60 days fromthe date of publication of this notice inthe
Federal Register
. Non-timely filingswill not be entertained absent adetermination by the Commission or
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74533
Federal Register
/Vol. 73, No. 236/Monday, December 8, 2008/Notices
presiding officer designated to rule onthe petition, pursuant to therequirements of 10 CFR 2.309(c)(i)–(viii).All documents filed in NRCadjudicatory proceedings, includingpetitions to intervene and requests toparticipate as an interested governmententity under 10 CFR 2.315(c), must befiled in accordance with the NRC E-Filing rule, which was promulgated bythe NRC on August 28, 2007 (72 FR49139). The E-Filing process requiresparticipants to submit and servedocuments over the Internet or in somecases to mail copies on electronicstorage media. Participants may notsubmit paper copies of their filingsunless they seek a waiver in accordancewith the procedures described below.To comply with the proceduralrequirements of E-Filing, at least 10days prior to the filing deadline, thepetitioner must contact the Office of theSecretary by e-mail at
HearingDocket@nrc.gov 
, or by calling(301) 415–1677, to request (1) a digitalID certificate, which allows theparticipant (or its counsel orrepresentative) to digitally signdocuments and access the E-Submittalserver for any proceeding in which it isparticipating; and/or (2) creation of anelectronic docket for the proceeding(even in instances in which thepetitioner (or its counsel orrepresentative) already holds an NRC-issued digital ID certificate). Eachparticipant will need to download theWorkplace Forms Viewer
TM
to accessthe Electronic Information Exchange(EIE), a component of the E-Filingsystem. The Workplace Forms Viewer
TM
 
is free and is available at
http:// www.nrc.gov/site-help/e-submittals/ install-viewer.html.
Information aboutapplying for a digital ID certificate isavailable on NRC’s public Web site at
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a participant has obtained adigital ID certificate, had a docketcreated, and downloaded the EIEviewer, it can then submit a filing.Submissions should be in PortableDocument Format (PDF) in accordancewith NRC guidance available on theNRC public Web site at
http:// www.nrc.gov/site-help/e-submittals.html.
A filing is consideredcomplete at the time the filer submits itsdocuments through EIE. To be timely,an electronic filing must be submitted tothe EIE system no later than 11:59 p.m.Eastern Time on the due date. Uponreceipt of a transmission, the E-Filingsystem time-stamps the document andsends the submitter an e-mail noticeconfirming receipt of the document. TheEIE system also distributes an e-mailnotice that provides access to thedocument to the NRC Office of theGeneral Counsel and any others whohave advised the Office of the Secretarythat they wish to participate in theproceeding, so that the filer need notserve the documents on thoseparticipants separately. Therefore,applicants and other participants (ortheir counsel or representative) mustapply for and receive a digital IDcertificate before a petition to interveneis filed so that they can obtain access tothe document via the E-Filing system.A person filing electronically mayseek assistance through the ‘‘ContactUs’’ link located on the NRC Web siteat
http://www.nrc.gov/site-help/e-submittals.html 
or by calling the NRCMeta-System Help Desk, which isavailable between 8 a.m. and 8 p.m.,Eastern Time, Monday through Friday.The Meta-System Help Desk can becontacted by telephone at 1–866–672–7640 or by e-mail at
MSHD.Resource@nrc.gov.
Participants who believe that theyhave a good cause for not submittingdocuments electronically must file amotion, in accordance with 10 CFR2.302(g), with their initial paper filingrequesting authorization to continue tosubmit documents in paper format.Such filings must be submitted by: (1)First class mail addressed to the Officeof 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 expediteddelivery service to the Office of theSecretary, Sixteenth Floor, One WhiteFlint North, 11555 Rockville Pike,Rockville, Maryland 20852,
Attention:
Rulemaking and Adjudications Staff.Participants filing a document in thismanner are responsible for serving thedocument on all other participants.Filing is considered complete by first-class mail as of the time of deposit inthe mail, or by courier, express mail, orexpedited delivery service upondepositing the document with theprovider of the service.Non-timely requests and/or petitionsand contentions will not be entertainedabsent a determination by theCommission, the presiding officer, orthe Atomic Safety and Licensing Boardthat the petition and/or request should be granted and/or the contentionsshould be admitted based on a balancing of the factors specified in 10CFR 2.309(c)(1)(i)–(viii). To be timely,filings must be submitted no later than11:59 p.m. Eastern Standard Time onthe due date.Documents submitted in adjudicatoryproceedings will appear in NRC’selectronic hearing docket which isavailable to the public at
http:// ehd.nrc.gov/EHD 
 _
Proceeding/home.asp
,unless excluded pursuant to an order of the Commission, an Atomic Safety andLicensing Board, or a Presiding Officer.Participants are requested not to includepersonal privacy information, such associal security numbers, homeaddresses, or home phone numbers intheir filings. With respect to copyrightedworks, except for limited excerpts thatserve the purpose of the adjudicatoryfilings and would constitute a Fair Useapplication, participants are requestednot to include copyrighted materials intheir submission.Any person who files a motionpursuant to 10 CFR 2.323 must consultwith counsel for the applicant andcounsel for the NRC staff who are listed below. Counsel for the applicant is JohnH. O’Neill,
 John.O’Neill@pillsburylaw.com,
(202)663–8148. Counsel for the NRC staff inthis proceeding are Jody Martin,
 Jody.Martin@nrc.gov 
, (301) 415–1569,and Sara E. Brock,
Sara.Brock@nrc.gov 
,(301) 415–8393.A person who is not a party may bepermitted to make a limited appearance by making an oral or written statementof his position on the issues at anysession of the hearing or any pre-hearingconference within the limits andconditions fixed by the presidingofficer, but may not otherwiseparticipate in the proceeding. Theselimited appearance statements need not be submitted using the E-Filing process.Documents may be examined, and/orcopied for a fee, at the NRC’s PublicDocument Room (PDR), located at OneWhite Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor),Rockville, Maryland, and will beaccessible electronically through theAgencywide Documents Access andManagement System (ADAMS) PublicElectronic Reading Room link at theNRC Web site
http://www.nrc.gov/ reading-rm/adams.html.
Persons whodo not have access to ADAMS or whoencounter problems in accessingdocuments located in ADAMS shouldcontact the NRC PDR Reference staff bytelephone at 1–800–397–4209, 301–415–4737, or by e-mail to
PDR.Resource@nrc.gov.
The applicationis also available at
http://www.nrc.gov/ reactors/new-reactors/col/levy.html.
The ADAMS accession number for theCOL application cover letter isML082260277. To search for documentsin ADAMS using the Levy County COLapplication docket numbers, 52–029and 52–030, enter the terms ‘‘05200029’’
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74534
Federal Register
/Vol. 73, No. 236/Monday, December 8, 2008/Notices
1
While a request for hearing or petition tointervene in this proceeding must comply with thefiling requirements of the NRC’s ‘‘E-Filing Rule,’’the initial request to access SUNSI and/or SGIunder these procedures should be submitted asdescribed in this paragraph.
2
The requester will be asked to provide his or herfull name, social security number, date and placeof birth, telephone number, and e-mail address.After providing this information, the requesterusually should be able to obtain access to the onlineform within one business day.
3
Broad SGI requests under these procedures arethus highly unlikely to meet the standards for needto know; furthermore, staff redaction of informationfrom requested documents before their release may be appropriate to comport with this requirement.These procedures do not authorize unrestricteddisclosure or less scrutiny of a requester’s need toknow than ordinarily would be applied inconnection with an already-admitted contention.
and ‘‘05200030’’ in the ‘‘DocketNumber’’ field when using either theweb-based search (advanced search)engine or the ADAMS find tool inCitrix.The AP1000 DCD through Revision15, which is incorporated by referenceinto Appendix D of Part 52, can befound by going to
http://www.nrc.gov/ reactors/new-reactors/design-cert/ ap1000.html.
The AP1000 DCDRevision 16 can be found using ADAMSaccession number ML071580939 or bygoing to
http://www.nrc.gov/reactors/ new-reactors/col/levy.html.
To searchfor documents in ADAMS using thedocket number for the proposedamendments to the AP1000 designcertification, 52–006, enter the term‘‘05200006’’ in the ADAMS ‘‘DocketNumber’’ field.
Order Imposing Procedures for Accessto Sensitive Unclassified Non-Safeguards Information and SafeguardsInformation for Contention Preparation
1. This order contains instructionsregarding how potential parties to thisproceeding may request access todocuments containing sensitiveunclassified information (includingSensitive Unclassified Non-SafeguardsInformation (SUNSI) and SafeguardsInformation (SGI)).2. Within 10 days after publication of this notice of hearing and opportunity topetition for leave to intervene, anypotential party as defined in 10 CFR 2.4who believes access to SUNSI or SGI isnecessary for a response to the noticemay request access to SUNSI or SGI. A‘‘potential party’’ is any person whointends or may intend to participate asa party by demonstrating standing andthe filing of an admissible contentionunder 10 CFR 2.309. Requests submittedlater than 10 days will not beconsidered absent a showing of goodcause for the late filing, addressing whythe request could not have been filedearlier.3. The requester shall submit a letterrequesting permission to access SUNSIand/or SGI to the Office of the Secretary,U.S. Nuclear Regulatory Commission,Washington, DC 20555–0001,
Attention:
Rulemakings and Adjudications Staff,and provide a copy to the AssociateGeneral Counsel for Hearings,Enforcement and Administration, Officeof the General Counsel, Washington, DC20555–0001. The expedited delivery orcourier mail address for both offices isU.S. Nuclear Regulatory Commission,11555 Rockville Pike, Rockville,Maryland 20852. The e-mail address forthe Office of the Secretary and theOffice of the General Counsel are
HearingDocket@nrc.gov 
and
OGCmail@nrc.gov 
, respectively.
1
Therequest must include the followinginformation:a. A description of the licensingaction with a citation to this
FederalRegister
notice of hearing andopportunity to petition for leave tointervene; b. The name and address of thepotential party and a description of thepotential party’s particularized interestthat could be harmed by the actionidentified in (a);c. If the request is for SUNSI, theidentity of the individual requestingaccess to SUNSI and the requester’sneed for the information in order tomeaningfully participate in thisadjudicatory proceeding, particularlywhy publicly available versions of theapplication would not be sufficient toprovide the basis and specificity for aproffered contention;d. If the request is for SGI, the identityof the individual requesting access toSGI and the identity of any expert,consultant or assistant who will aid therequester in evaluating the SGI, andinformation that shows:(i) Why the information isindispensable to meaningfulparticipation in this licensingproceeding; and(ii) The technical competence(demonstrable knowledge, skill,experience, training or education) of therequester to understand and use (orevaluate) the requested information toprovide the basis and specificity for aproffered contention. The technicalcompetence of a potential party or itscounsel may be shown by reliance on aqualified expert, consultant or assistantwho demonstrates technical competenceas well as trustworthiness andreliability, and who agrees to sign a non-disclosure affidavit and be bound by theterms of a protective order; ande. If the request is for SGI, Form SF–85, ‘‘Questionnaire for Non-SensitivePositions,’’ Form FD–258 (fingerprintcard), and a credit check release formcompleted by the individual who seeksaccess to SGI and each individual whowill aid the requester in evaluating theSGI. For security reasons, Form SF–85can only be submitted electronically,through a restricted-access database. Toobtain online access to the form, therequester should contact the NRC’sOffice of Administration at 301–415–0320.
2
The other completed forms must be signed in original ink, accompanied by a check or money order payable inthe amount of $191.00 to the U.S.Nuclear Regulatory Commission foreach individual, and mailed to the U.S.Nuclear Regulatory Commission, Officeof Administration, Security ProcessingUnit, Mail Stop T–6E46, Washington,DC 20555–0012.These forms will be used to initiatethe background check, which includesfingerprinting as part of a criminalhistory records check. Note: copies of these forms do
not 
need to be includedwith the request letter to the Office of the Secretary, but the request lettershould state that the forms and feeshave been submitted as described above.4. To avoid delays in processingrequests for access to SGI, all formsshould be reviewed for completenessand accuracy (including legibility) before submitting them to the NRC.Incomplete packages will be returned tothe sender and will not be processed.5. Based on an evaluation of theinformation submitted under items 2and 3.a through 3.d, above, the NRCstaff will determine within 10 days of receipt of the written access requestwhether (1) there is a reasonable basisto believe the petitioner is likely toestablish standing to participate in thisNRC proceeding, and (2) there is alegitimate need for access to SUNSI orneed to know the SGI requested. ForSGI, the need to know determination ismade based on whether the informationrequested is necessary (
i.e.
,indispensable) for the proposedrecipient to proffer and litigate aspecific contention in this NRCproceeding
3
and whether the proposedrecipient has the technical competence(demonstrable knowledge, skill,training, education, or experience) toevaluate and use the specific SGIrequested in this proceeding.6. If standing and need to know SGIare shown, the NRC staff will furtherdetermine based upon completion of the background check whether the proposedrecipient is trustworthy and reliable.The NRC staff will conduct (as
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