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Federal Register / Vol. 70, No.

91 / Thursday, May 12, 2005 / Notices 25117

the adverse safety impact, the basis for shall be submitted to the Secretary, not stay the immediate effectiveness of
its determination that the requirement Office of the Secretary of the this Order.
has an adverse safety impact, and either Commission, U.S. Nuclear Regulatory Dated this 5th day of May, 2005.
a proposal for achieving the same Commission, ATTN: Rulemakings and For the Nuclear Regulatory Commission.
objectives specified in the Attachment 1 Adjudications Staff, Washington, DC
Margaret V. Federline,
requirement(s) in question, or a 20555. Copies also shall be sent to the
schedule for modifying the facility to Director, Office of Nuclear Material Acting Director, Office of Nuclear Material
Safety and Safeguards.
address the adverse safety condition. If Safety and Safeguards, U.S. Nuclear
neither approach is appropriate, Duke Regulatory Commission, Washington, [FR Doc. E5–2348 Filed 5–11–05; 8:45 am]
Energy must supplement its response to DC 20555; to the Director, Office of BILLING CODE 7590–01–P

Condition B.1 of this Order to identify Enforcement at the same address; to the
the condition as a requirement with Assistant General Counsel for Materials
which it cannot comply, with attendant NUCLEAR REGULATORY
Litigation and Enforcement at the same
justifications as required in Condition COMMISSION
address; to the Regional Administrator
B.1. for NRC Region II at 61 Forsyth Street, [Docket No. 50–263]
C.1. Duke Energy shall, within twenty SW., Suite 23T85, Atlanta, GA 30303–
(20) days of the date of this Order, 8931; and to the licensee if the answer Nuclear Management Company, LLC,
submit to the Commission, a schedule or hearing request is by a person other Monticello Nuclear Generating Plant;
for achieving compliance with each than the licensee. Because of potential Notice of Acceptance for Docketing of
requirement described in Attachment 1. disruptions in delivery of mail to United the Application and Notice of
2. Duke Energy shall report to the States Government offices, it is Opportunity for Hearing Regarding
Commission when they have achieved requested that answers and requests for Renewal of Facility Operating License
full compliance with the requirements hearing be transmitted to the Secretary No. DPR–22 for an Additional 20-Year
described in Attachment 1. of the Commission, either by means of Period
D. Notwithstanding the provisions of facsimile transmission to 301–415–
10 CFR 72.212(b)(5), all measures The U.S. Nuclear Regulatory
1101, or by e-mail to Commission (NRC or the Commission)
implemented or actions taken in
hearingdocket@nrc.gov and also to the is considering an application for the
response to this Order shall be
Office of the General Counsel, either by renewal of Operating License No. DPR–
maintained until the Commission
means of facsimile transmission to 301– 22, which authorizes the Nuclear
determines otherwise.
Duke Energy’s responses to 415–3725, or by e-mail to Management Company, LLC, to operate
Conditions B.1, B.2, C.1, and C.2, shall OGCMailCenter@nrc.gov. If a person the Monticello Nuclear Generating Plant
be submitted in accordance with 10 CFR other than Duke Energy requests a at 1775 megawatts thermal. The
72.4. In addition, submittals that hearing, that person shall set forth with renewed license would authorize the
contain Safeguards Information shall be particularity the manner in which his applicant to operate the Monticello
properly marked and handled in interest is adversely affected by this Nuclear Generating Plant for an
accordance with 10 CFR 73.21. Order and shall address the criteria set additional 20 years beyond the period
The Director, Office of Nuclear forth in 10 CFR 2.714(d). If a hearing is specified in the current license. The
Material Safety and Safeguards may, in requested by Duke Energy or a person current operating license for the
writing, relax or rescind any of the whose interest is adversely affected, the Monticello Nuclear Generating Plant
above conditions upon demonstration Commission will issue an Order expires on September 8, 2010.
by Duke Energy of good cause. designating the time and place of any The Commission’s staff has received
In accordance with 10 CFR 2.202, hearing. If a hearing is held, the issue to an application dated March 16, 2005,
Duke Energy must, and any other person be considered at such a hearing shall be from Nuclear Management Company,
adversely affected by this Order may, whether this Order should be sustained. LLC, pursuant to 10 CFR part 54, to
submit an answer to this Order, and Pursuant to 10 CFR 2.202(c)(2)(I), renew Operating License No. DPR–22
may request a hearing on this Order, Duke Energy may, in addition to for Monticello Nuclear Generating Plant.
within twenty (20) days of the date of demanding a hearing, at the time the A Notice of Receipt and Availability of
this Order. Where good cause is shown, answer is filed or sooner, move the the license renewal application,
consideration will be given to extending presiding officer to set aside the ‘‘Nuclear Management Company, LLC;
the time to request a hearing. A request immediate effectiveness of the Order on Notice of Receipt and Availability of
for extension of time in which to submit the grounds that the Order, including Application for Renewal of Monticello
an answer or request a hearing must be the need for immediate effectiveness, is Nuclear Generating Plant Facility,
made in writing to the Director, Office not based on adequate evidence but on Operating License No. DPR–22, for an
of Nuclear Material Safety and mere suspicion, unfounded allegations, Additional 20-Year Period,’’ was
Safeguards, and the Director, Office of or error. published in the Federal Register on
Enforcement, U.S. Nuclear Regulatory In the absence of any request for April 6, 2005 (70 FR 17482).
Commission, Washington, DC 20555, hearing, or written approval of an The Commission’s staff has
and include a statement of good cause extension of time in which to request a determined that Nuclear Management
for the extension. The answer may hearing, the provisions specified in Company, LLC has submitted sufficient
consent to this Order. Unless the answer Section III above shall be final twenty information in accordance with 10 CFR
consents to this Order, the answer shall, (20) days from the date of this Order 54.19, 54.21, 54.22, 54.23, and 51.53(c)
in writing and under oath or without further order or proceedings. If that is acceptable for docketing. The
affirmation, specifically set forth the an extension of time for requesting a current Docket No. 50–263 for Operating
matters of fact and law on which the hearing has been approved, the License No. DPR–22 will be retained.
licensee or other person adversely provisions specified in Section III shall The docketing of the renewal
affected relies and the reasons as to why be final when the extension expires if a application does not preclude
the Order should not have been issued. hearing request has not been received. requesting additional information as the
Any answer or request for a hearing An answer or a request for hearing shall review proceeds, nor does it predict

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25118 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices

whether the Commission will grant or problems in accessing the documents genuine dispute exists with the
deny the application. located in ADAMS should contact the applicant on a material issue of law or
Before issuance of each requested NRC’s PDR reference staff at 1–800– fact.1 Contentions shall be limited to
renewed license, the NRC will have 397–4209, or by e-mail at pdr@nrc.gov. matters within the scope of the action
made the findings required by the If a request for a hearing or a petition under consideration. The contention
Atomic Energy Act of 1954, as amended for leave to intervene is filed within the must be one that, if proven, would
(the Act), and the Commission’s rules 60-day period, the Commission or a entitle the requestor/petitioner to relief.
and regulations. In accordance with 10 presiding officer designated by the A requestor/petitioner who fails to
CFR 54.29, the NRC will issue a Commission or by the Chief satisfy these requirements with respect
renewed license on the basis of its Administrative Judge of the Atomic to at least one contention will not be
review if it finds that actions have been Safety and Licensing Board Panel will permitted to participate as a party.
identified and have been or will be rule on the request and/or petition; and Each contention shall be given a
taken with respect to: (1) Managing the the Secretary or the Chief separate numeric or alpha designation
effects of aging during the period of Administrative Judge of the Atomic within one of the following groups and
extended operation on the functionality Safety and Licensing Board will issue a all like subject-matters shall be grouped
of structures and components that have notice of a hearing or an appropriate together:
been identified as requiring aging order. In the event that no request for a 1. Technical—primarily concerns
management review, and (2) time- hearing or petition for leave to intervene issues relating to technical and/or
limited aging analyses that have been is filed within the 60-day period, the health and safety matters discussed or
identified as requiring review, such that NRC may, upon completion of its referenced in the Monticello Nuclear
there is reasonable assurance that the evaluations and upon making the Generating Plant safety analysis for the
activities authorized by the renewed findings required under 10 CFR parts 51 application (including issues related to
license will continue to be conducted in and 54, renew the license without emergency planning and physical
accordance with the current licensing further notice. security to the extent that such matters
basis (CLB), and that any changes made As required by 10 CFR 2.309, a are discussed or referenced in the
to the plant’s CLB comply with the Act petition for leave to intervene shall set application).
and the Commission’s regulations. forth with particularity the interest of 2. Environmental—primarily concerns
Additionally, in accordance with 10 the petitioner in the proceeding, and issues relating to matters discussed or
CFR 51.95(c), the NRC will prepare an how that interest may be affected by the referenced in the Environmental Report
environmental impact statement that is results of the proceeding, taking into for the license renewal application.
a supplement to the Commission’s consideration the limited scope of 3. Miscellaneous—does not fall into
NUREG–1437, ‘‘Generic Environmental matters that may be considered one of the categories outlined above.
Impact Statement for License Renewal pursuant to 10 CFR parts 51 and 54. The As specified in 10 CFR 2.309, if two
of Nuclear Power Plants,’’ dated May petition must specifically explain the or more requestors/petitioners seek to
1996. Pursuant to 10 CFR 51.26, and as reasons why intervention should be co-sponsor a contention or propose
part of the environmental scoping permitted with particular reference to substantially the same contention, the
process, the staff intends to hold a the following factors: (1) The nature of requestors/petitioners shall jointly
public scoping meeting. Detailed the requestor’s/petitioner’s right under designate a representative who shall
information regarding this meeting will Act to be made a party to the have the authority to act for the
be the subject of a separate Federal proceeding; (2) the nature and extent of requestors/petitioners with respect to
Register notice. the requestor’s/petitioner’s property, that contention. If a requestor/petitioner
Within 60 days after the date of financial, or other interest in the seeks to adopt the contention of another
publication of this Federal Register proceeding; and (3) the possible effect of sponsoring requestor/petitioner, the
Notice, the requestor/petitioner may file any decision or order which may be requestor/petitioner who seeks to adopt
a request for a hearing, and any person entered in the proceeding on the the contention must either agree that the
whose interest may be affected by this requestor’s/petitioner’s interest. The sponsoring requestor/petitioner shall act
proceeding and who wishes to petition must also set forth the specific as the representative with respect to that
participate as a party in the proceeding contentions which the petitioner/ contention, or jointly designate with the
must file a written request for a hearing requestor seeks to have litigated at the sponsoring requestor/petitioner a
and a petition for leave to intervene proceeding. representative who shall have the
with respect to the renewal of the Each contention must consist of a authority to act for the requestors/
license. Requests for a hearing and a specific statement of the issue of law or petitioners with respect to that
petition for leave to intervene shall be fact to be raised or controverted. In contention.
filed in accordance with the addition, the requestor/petitioner shall Those permitted to intervene become
Commission’s ‘‘Rules of Practice for provide a brief explanation of the bases parties to the proceeding, subject to any
Domestic Licensing Proceedings’’ in 10 of each contention and a concise limitations in the order granting leave to
CFR part 2. Interested persons should statement of the alleged facts or the intervene, and have the opportunity to
consult a current copy of 10 CFR 2.309, expert opinion that supports the participate fully in the conduct of the
which is available at the Commission’s contention on which the requestor/ hearing. A request for a hearing or a
Public Document Room (PDR), located petitioner intends to rely in proving the petition for leave to intervene must be
at One White Flint North, 11555 contention at the hearing. The filed by: (1) First class mail addressed
Rockville Pike (first floor), Rockville, requestor/petitioner must also provide to the Office of the Secretary of the
Maryland 20852 and is accessible from references to those specific sources and
the Agencywide Documents Access and documents of which the requestor/ 1 To the extent that the application contains

Management System’s (ADAMS) Public petitioner is aware and on which the attachments and supporting documents that are not
Electronic Reading Room on the Internet requestor/petitioner intends to rely to publicly available because they are asserted to
contain safeguards or proprietary information,
at http://www.nrc.gov/reading-rm/ establish those facts or expert opinion. petitioners desiring access to this information
adams.html. Persons who do not have The requestor/petitioner must provide should contact the applicant or applicant’s counsel
access to ADAMS or who encounter sufficient information to show that a to discuss the need for a protective order.

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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices 25119

Commission, U.S. Nuclear Regulatory http://www.nrc.gov/reading-rm/ Nuclear Regulatory Commission (NRC


Commission, Washington, DC 20555– adams.html under ADAMS Accession or the Commission) authorizing the
0001, Attention: Rulemaking and Number ML050880237. Persons who do operation of an Independent Spent Fuel
Adjudications Staff; (2) courier, express not have access to ADAMS or who Storage Installation (ISFSI) in
mail, and expedited delivery services: encounter problems in accessing the accordance with the Atomic Energy Act
Office of the Secretary, Sixteenth Floor, documents located in ADAMS, may of 1954 and title 10 of the Code of
One White Flint North, 11555 Rockville contact the NRC Public Document Room Federal Regulations (10 CFR) part 50
Pike, Rockville, Maryland 20852, (PDR) Reference staff at 1–800–397– and 10 CFR part 72. Commission
Attention: Rulemaking and 4209, 301–415–4737, or by e-mail to regulations at 10 CFR 72.184 require
Adjudications Staff; (3) e-mail pdr@nrc.gov. PG&E to have a safeguards contingency
addressed to the Office of the Secretary, The staff has verified that a copy of plan to respond to threats of radiological
U.S. Nuclear Regulatory Commission, the license renewal application is also sabotage and to protect the spent fuel
HEARINGDOCKET@NRC.GOV; or (4) available to local residents near the against the threat of radiological
facsimile transmission addressed to the Monticello Nuclear Generating Plant, at sabotage.
Office of the Secretary, U.S. Nuclear the Monticello Public Library, 200 West
Regulatory Commission, Washington, 6th Street, Monticello, MN 55362. Inasmuch as an insider has an
DC, Attention: Rulemakings and opportunity equal to or greater than any
Dated at Rockville, Maryland, this 5th day
Adjudications Staff at 301–415–1101, of May, 2005. other person to commit radiological
verification number is 301–415–1966. A For the Nuclear Regulatory Commission.
sabotage, the Commission has
copy of the request for hearing and determined these measures to be
Pao-Tsin Kuo,
petition for leave to intervene must also prudent. This Order has been issued to
Program Director, License Renewal and
be sent to the Office of the General Environmental Impacts Program, Division of
all licensees who currently store spent
Counsel, U.S. Nuclear Regulatory Regulatory Improvement Programs, Office of fuel or have identified near-term plans
Commission, Washington, DC 20555– Nuclear Reactor Regulation. to store spent fuel in an ISFSI.
0001, and it is requested that copies be [FR Doc. E5–2341 Filed 5–11–05; 8:45 am] II. On September 11, 2001, terrorists
transmitted either by means of facsimile BILLING CODE 7590–01–P simultaneously attacked targets in New
transmission to 301–415–3725 or by e- York, NY, and Washington, DC,
mail to OGCMailCenter@nrc.gov. A copy utilizing large commercial aircraft as
of the request for hearing and petition NUCLEAR REGULATORY weapons. In response to the attacks and
for leave to intervene should also be COMMISSION intelligence information subsequently
sent to the attorney for the applicant.
[Docket No. 72–26; License No. SNM–2511; obtained, the Commission issued a
Attorney for the Applicant: Jonathan
EA–05–089] number of Safeguards and Threat
Rogoff, Esq., Vice President, Counsel &
Advisories to its licensees in order to
Secretary, Nuclear Management In the Matter of Pacific Gas and
Company, LLC, 700 First Street, strengthen licensees’ capabilities and
Electric Diablo Canyon Nuclear Power readiness to respond to a potential
Hudson, WI 54016. Plant Independent Spent Fuel Storage
Non-timely requests and/or petitions attack on a nuclear facility. On October
Installation Order Modifying License 16, 2002, the Commission issued Orders
and contentions will not be entertained (Effective Immediately)
absent a determination by the to the licensees of operating ISFSIs to
Commission, the presiding officer, or AGENCY: Nuclear Regulatory put the actions taken in response to the
the Atomic Safety and Licensing Board Commission. Advisories in the established regulatory
that the petition, request and/or ACTION: Issuance of order for framework and to implement additional
contentions should be granted based on implementation of additional security security enhancements which emerged
a balancing of the factors specified in 10 measures associated with access from the NRC’s ongoing comprehensive
CFR 2.309(a)(1)(I)–(viii). authorization. review. The Commission has also
Detailed information about the license communicated with other Federal,
renewal process can be found under the FOR FURTHER INFORMATION CONTACT: State, and local government agencies
Nuclear Reactors icon at Cynthia Barr, Project Manager, and industry representatives to discuss
http://www.nrc.gov/reactors/operating/ Licensing and Inspection Directorate, and evaluate the current threat
licensing/renewal.html on the NRC’s Spent Fuel Project Office, Office of environment in order to assess the
Web site. Copies of the application to Nuclear Material Safety and Safeguards, adequacy of security measures at
renew the operating license for U.S. Nuclear Regulatory Commission, licensed facilities. In addition, the
Monticello Nuclear Generating Plant, Rockville, MD 20852. Telephone: (301) Commission has been conducting a
are available for public inspection at the 415–4015; fax number: (301) 415–8555; comprehensive review of its safeguards
Commission’s PDR, located at One e-mail CSB2@nrc.gov. and security programs and
White Flint North, 11555 Rockville Pike SUPPLEMENTARY INFORMATION: requirements.
(first floor), Rockville, Maryland 20852–
2738, and at I. Introduction As a result of its consideration of
http://www.nrc.gov/reactors/operating/ current safeguards and security
Pursuant to 10 CFR 2.106, the Nuclear
licensing/renewal/applications.html on requirements, as well as a review of
Regulatory Commission (NRC) is
the NRC’s Web site while the information provided by the intelligence
providing notice in the matter of Diablo
application is under review. The NRC community, the Commission has
Canyon Nuclear Power Plant
maintains an Agencywide Documents determined that certain additional
Independent Spent Fuel Storage
Access and Management System security measures are required to
Installation Order Modifying License
(ADAMS), which provides text and (Effective Immediately). address the current threat environment
image files of NRC’s public documents. in a consistent manner throughout the
These documents may be accessed II. Further Information nuclear ISFSI community. Therefore,
through the NRC’s Public Electronic I. Pacific Gas and Electric (PG&E) the Commission is imposing
Reading Room on the Internet at holds a license issued by the U.S. requirements, as set forth in Attachment

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