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The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under § 52.28 of Title 10 of the Code of Federal Regulations (10 CFR), “Transfer of Early Site Permit;” 10 CFR 50.80, “Transfer of Licenses;” and 10 CFR 50.90, “Application for Amendment of License, Construction Permit, or Early Site Permit;” approving the direct transfer of the Old Dominion Electric Cooperative's (ODEC) interest in the North Anna ESP [Early Site Permit] Site's Early Site Permit (ESP-003). The transfer would be to Virginia Electric and Power Company, doing business as Dominion Virginia Power (DVP). DVP and ODEC are currently the holders of the ESP-003. The Commission is also considering amending the permit for administrative purposes to reflect the proposed transfer.
According to an application for approval filed by DVP and ODEC, DVP would become the holder of the ESP following approval of the proposed permit transfer and would assume all rights, duties, and obligations of ESP-003.
The proposed amendment would delete references to ODEC, reflect DVP as the permit holder, and delete certain provisions that are no longer applicable because they applied only where ODEC maintained an interest in the ESP.
Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no ESP, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the ESP to any person, unless the Commission gives its consent in writing. The Commission will approve an application for the direct transfer of an ESP if the Commission determines that
Before issuance of the proposed conforming permit amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315(b), “[w]here administrative license amendments are necessary to reflect an approved transfer, such amendments will be included in the order that approves the transfer. Any challenge to the administrative license amendment is limited to the question of whether the license amendment accurately reflects the approved transfer.” In light of the generic determination reflected in 10 CFR 2.1315(b), only public comments with respect to whether the amendment accurately reflects the approved transfer are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91.
Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission's action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Requests and petition that are filed after the 20-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the following three factors in 10 CFR 2.309(c)(1): (i) The information upon which the filing is based was not previously available; (ii) the information upon which the filing is based is materially different from information previously available; and (iii) the filing has been submitted in a timely fashion based on the availability of the subsequent information. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the Internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at
Information about applying for a digital ID certificate is available on the NRC's public Web site at
If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at
Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC guidance available on the NRC's public Web site at
A person filing electronically using the agency's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's Web site at
Participants who believe that they have a good cause for not submitting documents electronically must file an
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at
Petitions for leave to intervene must be filed no later than 20 days from the date of publication of this notice. Filings submitted after that date will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the
For further details with respect to this license transfer application, see the application dated March 1, 2012, available for public inspection at the NRC's PDR, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at
For the Nuclear Regulatory Commission.