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Federal Register / Vol. 72, No.

228 / Wednesday, November 28, 2007 / Notices 67321

governing boards are controlled by Matters to be Considered: (the Act), and the Commission’s
locally elected officials. 7772A Aircraft Accident Report— regulations.
LSC will not fax the RFP to interested Inflight Cargo Fire, United Parcel The filing of requests for hearing and
parties. Interested parties are asked to Service Company Flight 1307, petitions for leave to intervene is
visit http://www.ain.lsc.gov regularly for McDonnell Douglas DC–8–71F, discussed below.
updates on the LSC competitive grants N748UP, Philadelphia, Pennsylvania, Within 60 days after the date of
process. February 7, 2006. publication of this notice, the person(s)
Dated: November 20, 2007. 7949 Highway Accident Brief and may file a request for a hearing with
Safety Recommendation Letters—Rear- respect to issuance of the amendment to
Michael A. Genz,
End Chain Reaction Collision, Interstate the subject facility operating license and
Director, Office of Program Performance,
Legal Services Corporation. 94 East, Near Chelsea, Michigan, July any person(s) whose interest may be
16, 2004. affected by this proceeding and who
[FR Doc. E7–23011 Filed 11–27–07; 8:45 am]
News Media Contact: Telephone (202) wishes to participate as a party in the
BILLING CODE 7050–01–P
314–6100. proceeding must file a written request
Individuals requesting specific via electronic submission through the
accommodations should contact Chris NRC E-filing system for a hearing and a
FEDERAL MINE SAFETY AND HEALTH petition for leave to intervene. Requests
REVIEW COMMISSION Bisett at (202) 314–6305 by Friday,
November 30, 2007. for a hearing and a petition for leave to
The public may view the meeting via intervene shall be filed in accordance
Sunshine Act Meeting with the Commission’s ‘‘Rules of
a live or archived Webcast by accessing
November 21, 2007. a link under ‘‘News & Events’’ on the Practice for Domestic Licensing
TIME AND DATE: 10 a.m., Tuesday, NTSB home page at http:// Proceedings’’ in Title 10 of the Code of
December 4, 2007. www.ntsb.gov. Federal Regulations (10 CFR) Part 2.
For Further Information Contact: Interested person(s) should consult a
PLACE: The Richard V. Backley Hearing
Vicky D’Onofrio, (202) 314–6410. current copy of 10 CFR 2.309, which is
Room, 9th Floor, 601 New Jersey
available at the Commission’s PDR,
Avenue, NW., Washington, DC. Dated: November 23, 2007. located at One White Flint North, Public
STATUS: Open. Candi R. Bing, File Area O1F21, 11555 Rockville Pike
MATTERS TO BE CONSIDERED: The Federal Register Liaison Officer. (first floor), Rockville, Maryland.
Commission will consider and act upon [FR Doc. 07–5871 Filed 11–27–07; 8:45 am] Publicly available records will be
the following in open session: Secretary BILLING CODE 7533–01–M accessible from the Agencywide
of Labor v. Empire Iron Mining Documents Access and Management
Partnership, Docket No. LAKE 2006– System (ADAMS) Public Electronic
60–RM. (Issues include whether the Reading Room on the Internet at the
Administrative Law Judge correctly NUCLEAR REGULATORY NRC Web site, http://www.nrc.gov/
ruled that the Secretary of Labor may COMMISSION reading-rm/doc-collections/cfr/. If a
properly allege violations of alternative request for a hearing or petition for
[Docket No. 50–261]
standards in a citation and whether the leave to intervene is filed by the above
Judge correctly determined that the Carolina Power & Light Company; date, the Commission or a presiding
operator violated 30 CFR 56.14105.) Notice of Consideration of Issuance of officer designated by the Commission or
Any person attending this meeting Amendment to Facility Operating by the Chief Administrative Judge of the
who requires special accessibility License and Opportunity for a Hearing Atomic Safety and Licensing Board
features and/or auxiliary aids, such as Panel, will rule on the request and/or
sign language interpreters, must inform The U.S. Nuclear Regulatory petition; and the Secretary or the Chief
the Commission in advance of those Commission (NRC, or the Commission) Administrative Judge of the Atomic
needs. Subject to 29 CFR 2706.150(a)(3) is considering issuance of an Safety and Licensing Board will issue a
and 2706.160(d). amendment to Facility Operating notice of a hearing or an appropriate
CONTACT PERSON FOR MORE INFO: Jean License No. DPR–23 issued to the order.
Ellen, (202) 434–9950/(202) 708–9300 Carolina Power & Light Company (the As required by 10 CFR 2.309, a
for TDD Relay/1–800–877–8339 for toll licensee), now doing business as petition for leave to intervene shall set
free. Progress Energy Carolinas, Inc., for forth with particularity the interest of
operation of the H.B. Robinson Steam the petitioner/requestor in the
Jean H. Ellen,
Electric Plant, Unit No. 2, located in proceeding, and how that interest may
Chief Docket Clerk. Darlington County, South Carolina. be affected by the results of the
[FR Doc. 07–5880 Filed 11–26–07; 4:04 pm] The proposed amendment would proceeding. The petition should
BILLING CODE 6735–01–M change the Technical Specifications specifically explain the reasons why
related to rod position indication. The intervention should be permitted with
requirements would be modified for the particular reference to the following
NATIONAL TRANSPORTATION condition where one demand position general requirements: (1) The name,
SAFETY BOARD indicator per bank for one or more address and telephone number of the
banks is inoperable, and new requestor or petitioner; (2) the nature of
Meeting Agenda requirements would be added for the the requestor’s/petitioner’s right under
Time and Date: 9:30 a.m., Tuesday, condition where two demand position the Act to be made a party to the
December 4, 2007. indicators per bank for one or more proceeding; (3) the nature and extent of
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Place: NTSB Conference Center, 429 banks are inoperable. the requestor’s/petitioner’s property,
L’Enfant Plaza SW., Washington, DC Before issuance of the proposed financial, or other interest in the
20594. license amendment, the Commission proceeding; and (4) the possible effect of
Status: The two items are open to the will have made findings required by the any decision or order which may be
public. Atomic Energy Act of 1954, as amended entered in the proceeding on the

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67322 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices

requestor’s/petitioner’s interest. The representative) already holds an NRC- First class mail addressed to the Office
petition must also identify the specific issued digital ID certificate). Each of the Secretary of the Commission, U.S.
contentions which the petitioner/ petitioner/requestor will need to Nuclear Regulatory Commission,
requestor seeks to have litigated at the download the Workplace Forms Washington, DC 20555–0001, Attention:
proceeding. ViewerTM to access the Electronic Rulemaking and Adjudications Staff; or
Each contention must consist of a Information Exchange (EIE), a (2) courier, express mail, or expedited
specific statement of the issue of law or component of the E–Filing system. The delivery service to the Office of the
fact to be raised or controverted. In Workplace Forms ViewerTM is free and Secretary, Sixteenth Floor, One White
addition, the petitioner/requestor shall is available at http://www.nrc.gov/site- Flint North, 11555 Rockville Pike,
provide a brief explanation of the bases help/e-submittals/install-viewer.html. Rockville, Maryland 20852, Attention:
for the contention and a concise Information about applying for a digital Rulemaking and Adjudications Staff.
statement of the alleged facts or expert ID certificate is available on NRC’s Participants filing a document in this
opinion which support the contention public Web site at http://www.nrc.gov/ manner are responsible for serving the
and on which the petitioner intends to site-help/e-submittals/apply- document on all other participants.
rely in proving the contention at the certificates.html. Filing is considered complete by first-
hearing. The petitioner must also Once a petitioner/requestor has class mail as of the time of deposit in
provide references to those specific obtained a digital ID certificate, had a the mail, or by courier, express mail, or
sources and documents of which the docket created, and downloaded the EIE expedited delivery service upon
petitioner is aware and on which the viewer, it can then submit a request for depositing the document with the
petitioner intends to rely to establish hearing or petition for leave to provider of the service.
those facts or expert opinion. The intervene. Submissions should be in Non-timely requests and/or petitions
petition must include sufficient Portable Document Format (PDF) in and contentions will not be entertained
information to show that a genuine accordance with NRC guidance absent a determination by the
dispute exists with the applicant on a available on the NRC public Web site at Commission, the presiding officer, or
material issue of law or fact. http://www.nrc.gov/site-help/e- the Atomic Safety and Licensing Board
Contentions shall be limited to matters submittals.html. A filing is considered that the petition and/or request should
within the scope of the amendment complete at the time the filer submits its be granted and/or the contentions
under consideration. The contention documents through EIE. To be timely, should be admitted, based on a
must be one which, if proven, would an electronic filing must be submitted to balancing of the factors specified in 10
entitle the petitioner/requestor to relief. the EIE system no later than 11:59 p.m. CFR 2.309(c)(1)(i)–(viii). To be timely,
A petitioner/requestor who fails to Eastern Time on the due date. Upon filings must be submitted no later than
satisfy these requirements with respect receipt of a transmission, the E–Filing 11:59 p.m. Eastern Time on the due
to at least one contention will not be system time-stamps the document and date.
permitted to participate as a party. sends the submitter an e-mail notice Documents submitted in adjudicatory
Those permitted to intervene become confirming receipt of the document. The proceedings will appear in NRC’s
parties to the proceeding, subject to any EIE system also distributes an e-mail electronic hearing docket, which is
limitations in the order granting leave to notice that provides access to the available to the public at http://
intervene, and have the opportunity to document to the NRC Office of the ehd.nrc.gov/EHD_Proceeding/home.asp,
participate fully in the conduct of the General Counsel and any others who unless excluded pursuant to an order of
hearing. have advised the Office of the Secretary the Commission, an Atomic Safety and
A request for hearing or a petition for that they wish to participate in the Licensing Board, or a Presiding Officer.
leave to intervene must be filed in proceeding, so that the filer need not Participants are requested not to include
accordance with the NRC E–Filing rule, serve the documents on those personal privacy information, such as
which the NRC promulgated on August participants separately. Therefore, social security numbers, home
28, 2007 (72 FR 49139). The E–Filing applicants and other participants (or addresses, or home phone numbers in
process requires participants to submit their counsel or representative) must their filings. With respect to copyrighted
and serve documents over the internet apply for and receive a digital ID works, except for limited excerpts that
or in some cases to mail copies on certificate before a hearing request/ serve the purpose of the adjudicatory
electronic storage media. Participants petition to intervene is filed so that they filings and would constitute a Fair Use
may not submit paper copies of their can obtain access to the document via application, participants are requested
filings unless they seek a waiver in the E–Filing system. not to include copyrighted materials in
accordance with the procedures A person filing electronically may their submissions.
described below. seek assistance through the ‘‘Contact For further details with respect to this
To comply with the procedural Us’’ link located on the NRC Web site license amendment application, see the
requirements of E–Filing, at least five (5) at http://www.nrc.gov/site-help/e- application for amendment dated
days prior to the filing deadline, the submittals.html or by calling the NRC November 15, 2007, which is available
petitioner/requestor must contact the technical help line, which is available for public inspection at the
Office of the Secretary by e-mail at between 8:30 a.m. and 4:15 p.m., Commission’s PDR, located at One
HEARINGDOCKET@NRC.GOV, or by Eastern Time, Monday through Friday. White Flint North, Public File Area O1
calling (301) 415–1677, to request (1) a The help line number is (800) 397–4209 F21, 11555 Rockville Pike (first floor),
digital ID certificate, which allows the or locally, (301) 415–4737. Rockville, Maryland. Publicly available
participant (or its counsel or Participants who believe that they records will be accessible electronically
representative) to digitally sign have a good cause for not submitting from the ADAMS Public Electronic
documents and access the E–Submittal documents electronically must file a Reading Room on the Internet at the
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server for any proceeding in which it is motion, in accordance with 10 CFR NRC Web site, http://www.nrc.gov/
participating; and/or (2) creation of an 2.302(g), with their initial paper filing reading-rm/adams.html. Persons who
electronic docket for the proceeding requesting authorization to continue to do not have access to ADAMS or who
(even in instances in which the submit documents in paper format. encounter problems in accessing the
petitioner/requestor (or its counsel or Such filings must be submitted by: (1) documents located in ADAMS should

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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices 67323

contact the NRC PDR Reference staff by required by the current Action No. As described above, the proposed
telephone at 1–800–397–4209, or 301– Statement a. of TS 3.1.3.2 will result in change provides only an alternative method
415–4737, or by e-mail to pdr@nrc.gov. excessive wear. In summary, the of determining the position of one control
rod or shutdown rod with an inoperable RPI.
Dated at Rockville, Maryland, this 21st day proposed change will add new No new accident initiators are introduced by
of November, 2007. requirements to allow alternate the proposed alternative manner of
For the Nuclear Regulatory Commission. monitoring of the rod position when the performing rod position verification. The
Stewart N. Bailey,
analog RPI is not operable. This proposed change does not affect the reactor
allowance can only be used for one rod protection system or the reactor control
Senior Project Manager, Plant Licensing system. Hence, no new failure modes are
Branch II–2, Division of Operating Reactor
indication per unit and can only be used
until the next opportunity to safely created that would cause a new or different
Licensing, Office of Nuclear Reactor kind of accident from any accident
Regulation. correct the problem. The alternate
previously evaluated.
[FR Doc. E7–23130 Filed 11–27–07; 8:45 am] method of monitoring rod position Therefore, operation of the facility in
BILLING CODE 7590–01–P
provides reasonable indication of rod accordance with the proposed amendments
position without subjecting the movable would not create the possibility of a new or
incore detectors to excessive wear. different kind of accident from any accident
NUCLEAR REGULATORY Before issuance of the proposed previously evaluated.
license amendment, the Commission 3. Will operation of the facility in
COMMISSION accordance with this proposed change
will have made findings required by the
[Docket Nos. 50–250 and 50–251] involve a significant reduction in a margin of
Atomic Energy Act of 1954, as amended
safety?
(the Act) and the Commission’s No. The bases of Specification 3.1.3.2 state
Florida Power and Light Company; regulations. that the operability of the rod position
Notice of Consideration of Issuance of The Commission has made a indicators is required to determine control
Amendment to Facility Operating proposed determination that the rod positions and thereby ensure compliance
Licenses, Proposed No Significant amendment request involves no with the control rod alignment and insertion
Hazards Consideration Determination, significant hazards consideration. Under limits. The proposed change does not alter
and Opportunity for a Hearing the Commission’s regulations in title 10 the requirement to determine rod position
of the Code of Federal Regulations (10 but provides an alternative method for
The U.S. Nuclear Regulatory determining the position of control rod or
Commission (NRC, the Commission) is CFR), section 50.92, this means that shutdown rod with an inoperable RPI. As a
considering issuance of an amendment operation of the facility in accordance result, the initial conditions of the accident
to Facility Operating License No. DPR– with the proposed amendment would analysis are preserved and the consequences
31, issued to Florida Power and Light not (1) involve a significant increase in of previously analyzed accidents are
Company (FPL, the licensee), for the probability or consequences of an unaffected.
accident previously evaluated; or (2) Therefore, operation of the facility in
operation of the Turkey Point Nuclear accordance with the proposed amendments
Plant, Units 3 and 4, located in Miami- create the possibility of a new or
different kind of accident from any would not involve a significant reduction in
Dade County, Florida. the margin of safety. Therefore, operation of
The proposed amendment would accident previously evaluated; or (3) the facility in accordance with the proposed
revise Technical Specification (TS) involve a significant reduction in a amendments would not involve a significant
3.1.3.2, on a permanent basis to allow margin of safety. As required by 10 CFR reduction in the margin of safety.
the use of an alternate method of 50.91(a), the licensee has provided its
The NRC staff has reviewed the
determining rod position for a control analysis of the issue of no significant
licensee’s analysis and, based on this
rod or shutdown rod with an inoperable hazards consideration, which is
review, it appears that the three
rod position indicator (RPI). The presented below:
standards of 10 CFR 50.92(c) are
proposed alternate method of 1. Will operation of the facility in satisfied. Therefore, the NRC staff
monitoring the stationary gripper coil accordance with this proposed change proposes to determine that the
voltage has been previously submitted involve a significant increase in the
probability or consequences of an accident
amendment request involves no
by FPL per References 1, 2 and 3, and significant hazards consideration.
previously evaluated?
approved by the NRC for use at Turkey No. The proposed change provides an The Commission is seeking public
Point Units 3 and 4. The NRC approved alternative method for verifying rod position comments on this proposed
the alternate method for monitoring rod of one control rod or shutdown rod with an determination. Any comment received
position on October 5, 2006, by issuance inoperable rod position indicator (RPI). The within 30 days after the date of
of License Amendment 230 for Turkey proposed change meets the intent of the publication of this notice will be
Point Unit 3 for control rod M–6 in current specification in that it ensures considered in making any final
Control Rod Bank C during Cycle 22 verification of position of the control rod or determination.
operation. The licensee indicated the shutdown rod within one hour of unintended Normally, the Commission will not
rod motion and at least once every eight (8)
need for expedited review of this hours. The proposed change provides only an
issue the amendment until the
amendment due to the unanticipated alternative method of monitoring control rod expiration of 60 days after the date of
failure of the Turkey Point Unit 3 position and does not change the assumption publication of this notice. The
Analog RPI for control rod F–2 in or results of any previously evaluated Commission may issue the license
Control Rod Bank B. The proposed accident. amendment before expiration of the 60-
amendment will revise TS 3.1.3.2 on a Therefore, operation of the facility in day period provided that its final
permanent basis to allow use of an accordance with the proposed amendment determination is that the amendment
alternate method of monitoring rod would not involve a significant increase in involves no significant hazards
position for a control rod or shutdown the probability or consequences of an consideration. In addition, the
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accident previously evaluated.


rod with an inoperable RPI. 2. Will operation of the facility in
Commission may issue the amendment
Additionally, there is a concern that accordance with this proposed change create prior to the expiration of the 30-day
exercising the movable incore detectors the possibility of a new or different kind of comment period should circumstances
every 8 hours (90 times per month) to accident from any accident previously change during the 30-day comment
comply with the compensatory actions evaluated? period such that failure to act in a

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