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Federal Register / Vol. 73, No.

47 / Monday, March 10, 2008 / Notices 12779

VI the EIE system no later than 11:59 p.m. personal privacy information, such as
Any person adversely affected by this Eastern Time on the due date. Upon Social Security numbers, home
Confirmatory Order, other than Baxter, receipt of a transmission, the E-Filing addresses, or home phone numbers in
may request a hearing within 20 days of system time-stamps the document and their filings. With respect to copyrighted
its issuance. Where good cause is sends the submitter an e-mail notice works, except for limited excerpts that
shown, consideration will be given to confirming receipt of the document. The serve the purpose of the adjudicatory
extending the time to answer or request EIE system also distributes an e-mail filings and would constitute a Fair Use
a hearing. A request for extension of notice that provides access to the application, Participants are requested
time must be directed to the Director, document to the NRC Office of the not to include copyrighted materials in
Office of Enforcement, U.S. Nuclear General Counsel and any others who their works.
have advised the Office of the Secretary If a person requests a hearing, that
Regulatory Commission, and include a
that they wish to participate in the person shall set forth with particularity
statement of good cause for the
proceeding, so that the filer need not the manner in which his interest is
serve the document on those adversely affected by this Order and
A request for a hearing must be filed
participants separately. Therefore, any shall address the criteria set forth in 10
in accordance with the NRC E-Filing
others who wish to participate in the CFR 2.309(d) and (f).
rule, which the NRC promulgated in In the absence of any request for a
proceeding (or their counsel or
August 2007, 72 FR 49139 (Aug. 28, hearing, or written approval of an
representative) must apply for and
2007). The E-Filing process requires extension of time in which to request a
receive a digital ID certificate before a
participants to submit and serve hearing, this Order shall be final 20 days
hearing request is filed so that they may
documents over the internet or, in some from the date of this Order without
obtain access to the document via the
cases, to mail copies on electronic further order or proceedings. If an
E-Filing system.
optical storage media. Participants may A person filing electronically may extension of time for requesting a
not submit paper copies of their filings seek assistance through the ‘‘Contact hearing has been approved, the
unless they seek a waiver in accordance Us’’ link located on the NRC Web site provisions specified in Section IV shall
with the procedures described below. at be final when the extension expires if a
To comply with the procedural submittals.html or by calling the NRC hearing request has not been received.
requirements associated with E-Filing, technical help line, which is available An answer or a request for a hearing
at least five (5) days prior to the filing between 8:30 a.m. and 4:15 p.m., shall not stay the effective date of this
deadline the requestor must contact the Eastern Time, Monday through Friday. order.
Office of the Secretary by e-mail at The help line number is (800) 397–4209
HEARINGDOCKET@NRC.GOV, or by Dated this the 26th day of February 2008.
or locally, (301) 415–4737. For the Nuclear Regulatory Commission.
calling (301) 415–1677, to request (1) a Participants who believe that they
digital ID certificate, which allows the Marc L. Dapas,
have good cause for not submitting
participant (or its counsel or documents electronically must file a Deputy Regional Administrator.
representative) to digitally sign motion, in accordance with 10 CFR [FR Doc. E8–4716 Filed 3–7–08; 8:45 am]
documents and access the E-Submittal 2.302(g), with their initial paper filing BILLING CODE 7590–01–P
server for any NRC proceeding in which requesting authorization to continue to
it is participating; and/or (2) creation of submit documents in paper format.
an electronic docket for the proceeding Such filings must be submitted by (1) NUCLEAR REGULATORY
(even in instances when the requestor first-class mail addressed to the Office COMMISSION
(or its counsel or representative) already of the Secretary of the Commission, U.S. [Docket No. 50–368]
holds an NRC-issued digital ID Nuclear Regulatory Commission,
certificate). Each requestor will need to Washington, DC 20555–0001, Attention: Entergy Operations, Inc.; Arkansas
download the Workplace Forms Rulemaking and Adjudications Staff; or Nuclear One, Unit 2; Environmental
ViewerTM to access the Electronic (2) courier, express mail, or expedited Assessment and Finding of No
Information Exchange (EIE), a delivery service to the Office of the Significant Impact
component of the E-Filing system. The Secretary, Sixteenth Floor, One White
Workplace Forms ViewerTM is free and The U.S. Nuclear Regulatory
Flint North, 11555 Rockville Pike,
is available at Rockville, Maryland 20852, Attention: Commission (NRC) is considering
help/e-submittals/install-viewer.html. Rulemaking and Adjudications Staff. issuance of an exemption from Section
Information about applying for a digital Participants filing a document in this 50.46 of Title 10 of the Code of Federal
ID certificate also is available on NRC’s manner are responsible for serving the Regulations (10 CFR), and 10 CFR Part
public Web site at document on all other participants. 50, Appendix K, for Facility Operating
site-help/e-submittals/apply- Filing is considered complete by first- License No. NPF–6, issued to Entergy
certificates.html. class mail as of the time of deposit in Operations, Inc. (Entergy, the licensee),
Once a requestor has obtained a the mail, or by courier, express mail, or for operation of the Arkansas Nuclear
digital ID certificate, had a docket expedited delivery service upon One, Unit 2 (ANO–2), located in Pope
created, and downloaded the EIE depositing the document with the County, Arkansas. Therefore, as
viewer, it can then submit a request for provider of the service. required by 10 CFR 51.21, the NRC is
a hearing through EIE. Submissions Documents submitted in adjudicatory issuing this environmental assessment
should be in Portable Document Format proceedings will appear in NRC’s and finding of no significant impact.
(PDF) in accordance with NRC guidance electronic hearing docket which is Environmental Assessment
available on the NRC public Web site at available to the public at http://
pwalker on PROD1PC71 with NOTICES, Identification of the Proposed Action
submittals.html. A filing is considered unless excluded pursuant to an order of The proposed action would allow the
complete at the time the filer submits its the Commission, an Atomic Safety and ANO–2 to use Optimized ZIRLOTM, an
document through EIE. To be timely, Licensing Board, or a Presiding Officer. advanced alloy fuel cladding material
electronic filings must be submitted to Participants are requested not to include for pressurized-water reactors.

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12780 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Notices

The proposed action is in accordance process for ANO–2 reloads with For further details with respect to the
with the licensee’s application dated Optimized ZIRLOTM. proposed action, see the licensee’s letter
April 24, 2007 (Agencywide Documents If the exemption is issued details of dated April 24, 2007. Documents may
Access and Management System the staff’s safety evaluation will be be examined, and/or copied for a fee, at
(ADAMS) Accession No. provided in the exemption. the NRC’s Public Document Room
ML071220267). The proposed action will not (PDR), located at One White Flint North,
significantly increase the probability or Public File Area O1 F21, 11555
The Need for the Proposed Action
consequences of accidents. No changes Rockville Pike (first floor), Rockville,
The proposed action is needed so that are being made in the types of effluents Maryland. Publicly available records
Entergy can use Optimized ZIRLOTM, an that may be released off site. There is no will be accessible electronically from
advanced alloy for fuel rod cladding and significant increase in the amount of the Agencywide Documents Access and
other assembly structural components at any effluent released off site. There is no Management System (ADAMS) Public
the ANO–2. significant increase in occupational or Electronic Reading Room on the Internet
Section 50.46 of 10 CFR and 10 CFR public radiation exposure. Therefore, at the NRC Web site, http://
Part 50, Appendix K, make no there are no significant radiological
provisions for use of fuel rods clad in a environmental impacts associated with Persons who do not have access to
material other than zircaloy or ZIRLO. the proposed action. ADAMS or who encounter problems in
Since the chemical composition of the With regard to potential non- accessing the documents located in
Optimized ZIRLOTM alloy differs from radiological impacts, the proposed ADAMS should contact the NRC PDR
the specifications for zircaloy or ZIRLO, action does not have a potential to affect Reference staff by telephone at 1–800–
a plant-specific exemption is required to any historic sites. It does not affect non- 397–4209 or 301–415–4737, or send an
allow the use of the Optimized radiological plant effluents and has no e-mail to
ZIRLOTM alloy as a cladding material or other environmental impact. Therefore,
in other assembly structural Dated at Rockville, Maryland, this 3rd day
there are no significant non-radiological of March, 2008.
components at the ANO–2. environmental impacts associated with
For the Nuclear Regulatory Commission.
Environmental Impacts of the Proposed the proposed action.
Accordingly, the NRC concludes that Alan B. Wang,
there are no significant environmental Project Manager, Plant Licensing Branch IV,
The underlying purposes of 10 CFR Division of Operating Reactor Licensing,
impacts associated with the proposed
50.46 and 10 CFR Part 50, Appendix K, Office of Nuclear Reactor Regulation.
are to ensure that facilities have [FR Doc. E8–4691 Filed 3–7–08; 8:45 am]
adequate acceptance criteria for the Environmental Impacts of the BILLING CODE 7590–01–P
emergency core cooling system (ECCS), Alternatives to the Proposed Action
and to ensure that cladding oxidation As an alternative to the proposed
and hydrogen generation are action, the staff considered denial of the NUCLEAR REGULATORY
appropriately limited during a loss-of- proposed action (i.e., the ‘‘no-action’’ COMMISSION
coolant accident (LOCA) and alternative). Denial of the application [Docket No. 52–021]
conservatively accounted for in the would result in no change in current
ECCS evaluation model, respectively. environmental impacts. The Mitsubishi Heavy Industries, Ltd.;
Neither 10 CFR 50.46 nor 10 CFR Part environmental impacts of the proposed Acceptance for Docketing of an
50, Appendix K, explicitly allows the action and the alternative action are Application for Standard Design
use of Optimized ZIRLOTM as a fuel rod similar. Certification of the US–APWR
cladding material or for other assembly
structural components. Topical Report Alternative Use of Resources On December 31, 2007, the U.S.
WCAP–12610–P–A and CENPD–404–P– The action does not involve the use of Nuclear Regulatory Commission (NRC,
A, Addendum 1–A, ‘‘Optimized any different resources than those the Commission) received a design
ZIRLOTM,’’ which was approved by the previously considered in the Final certification application from
NRC in July 2006 (ADAMS Accession Environmental Statement for the Mitsubishi Heavy Industries (MHI), Ltd.,
No. ML062080569), demonstrated that ANO–2 dated June 16, 1977. dated December 31, 2007, filed pursuant
the effectiveness of the ECCS will not be to Section 103 of the Atomic Energy Act
affected by a change from zircaloy to Agencies and Persons Consulted and Subpart B, ‘‘Standard Design
Optimized ZIRLOTM. In addition, as a In accordance with its stated policy, Certification,’’ of Title 10 of the Code of
condition for the approval of WCAP– on January 27, 2008, the staff consulted Federal Regulations (10 CFR) Part 52, al
12610–P–A and CENPD–404–P–A, with the Arkansas State official, Mr. Regulations (10 CFR) Part 52, ‘‘Licenses,
Addendum 1–A, additional data was Bernard Beville of the Department of Certifications, and Approvals for
provided by Westinghouse by letters Radiation Control, regarding the Nuclear Power Plants.’’ A notice of
dated January 4, and November 6, 2007, environmental impact of the proposed receipt and availability of this
and February 5, 2008, that demonstrated action. The State official had no application was previously published in
that the Baker-Just equation (used in the comments. the Federal Register (73 FR 3495) on
ECCS evaluation model to determine the January 18, 2008.
rate of energy release, cladding Finding of No Significant Impact The NRC staff has determined that
oxidation, and hydrogen generation) is On the basis of the environmental MHI has submitted information in
conservative in all post-LOCA scenarios assessment, the NRC concludes that the accordance with 10 CFR Part 2, ‘‘Rules
with respect to Optimized ZIRLOTM proposed action will not have a of Practice for Domestic Licensing
pwalker on PROD1PC71 with NOTICES

advanced alloy as a fuel rod cladding significant effect on the quality of the Proceedings and Issuance of Orders,’’
material or in other assembly structural human environment. Accordingly, the and 10 CFR Part 52 that is acceptable for
components. The licensee currently NRC has determined not to prepare an docketing. The docket number
uses and will continue to use NRC- environmental impact statement for the established for this application is 52–
approved methods for the reload design proposed action. 021.

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