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From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted...

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From: Cheri Nagel To: <internet:[email protected]>,<INTERNet:pshastings@duke- energy.com>,<INTERNet:[email protected]>,<internet:[email protected]>,<INTERN et:[email protected]>,<INTERNet:[email protected]>,<Internet:[email protected]>, <internet:[email protected]>,<INTERNet:[email protected]>,<Internet:tom.miller@ hq.doe.gov>,<internet:[email protected]>,<internet:[email protected]>,<inte rnet:[email protected]>,<INternet:[email protected]>,<internet:kimberly.leigh@pnl. gov>,<internet:[email protected]>,<INTERNet:[email protected]>,<INTE RNet:[email protected]>,<internet:[email protected]>,<[email protected]>,"Br ian Anderson" <[email protected]>,"Gerald McCoy" <[email protected]>,"Kenneth Clark" <[email protected]>,"Christian Araguas" <[email protected]>,<[email protected]>,<[email protected]>,"Cristina Guerrero" <[email protected]>,"Brenda Davis" <[email protected]>,<[email protected]>,"Thomas Kenyon" <[email protected]>,"Chris Nolan" <[email protected]>,"Mark Notich" <[email protected]>,"Osiris Siurano-Perez" <[email protected]>,"James Wilson" <[email protected]> Date: 10/25/2006 10:32:07 AM Subject: Letters to Various Addressees-re: ESP Review for Vogtle Site-Inviting them to 10/19/06 Public Mtg. Please see below.
Transcript
Page 1: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

From: Cheri Nagel To: <internet:[email protected]>,<INTERNet:[email protected]>,<INTERNet:[email protected]>,<internet:[email protected]>,<INTERNet:[email protected]>,<INTERNet:[email protected]>,<Internet:[email protected]>,<internet:[email protected]>,<INTERNet:[email protected]>,<Internet:[email protected]>,<internet:[email protected]>,<internet:[email protected]>,<internet:[email protected]>,<INternet:[email protected]>,<internet:[email protected]>,<internet:[email protected]>,<INTERNet:[email protected]>,<INTERNet:[email protected]>,<internet:[email protected]>,<[email protected]>,"Brian Anderson" <[email protected]>,"Gerald McCoy" <[email protected]>,"Kenneth Clark" <[email protected]>,"Christian Araguas" <[email protected]>,<[email protected]>,<[email protected]>,"Cristina Guerrero" <[email protected]>,"Brenda Davis" <[email protected]>,<[email protected]>,"Thomas Kenyon" <[email protected]>,"Chris Nolan" <[email protected]>,"Mark Notich" <[email protected]>,"Osiris Siurano-Perez" <[email protected]>,"James Wilson" <[email protected]> Date: 10/25/2006 10:32:07 AM Subject: Letters to Various Addressees-re: ESP Review for Vogtle Site-Inviting them to 10/19/06 Public Mtg. Please see below.

Page 2: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Hearing Identifier: Vogtle_Public Email Number: 210 Mail Envelope Properties (4607A0A2.HQGWDO01.TWGWPO04.200.200000A.1.A059F.1) Subject: Letters to Various Addressees-re: ESP Review for Vogtle Site-Inviting them to 10/19/06 Public Mtg. Creation Date: 10/25/2006 10:32:07 AM From: Cheri Nagel Created By: [email protected] Recipients <internet:[email protected]> <INTERNet:[email protected]> <INTERNet:[email protected]> <internet:[email protected]> <INTERNet:[email protected]> <INTERNet:[email protected]> <Internet:[email protected]> <internet:[email protected]> <INTERNet:[email protected]> <Internet:[email protected]> <internet:[email protected]> <internet:[email protected]> <internet:[email protected]> <INternet:[email protected]> <internet:[email protected]> <internet:[email protected]> <INTERNet:[email protected]> <INTERNet:[email protected]> <internet:[email protected]> <[email protected]> "Brian Anderson" <[email protected]> "Gerald McCoy" <[email protected]> "Kenneth Clark" <[email protected]> "Christian Araguas" <[email protected]> <[email protected]> <[email protected]> "Cristina Guerrero" <[email protected]> "Brenda Davis" <[email protected]> <[email protected]> "Thomas Kenyon" <[email protected]> "Chris Nolan" <[email protected]> "Mark Notich" <[email protected]> "Osiris Siurano-Perez" <[email protected]> "James Wilson" <[email protected]> Post Office Route TWGWPO04.HQGWDO01 nrc.gov Files Size Date & Time MESSAGE 19 10/25/2006 10:32:07 AM TEXT.htm 245 3/26/2007 10:29:54 AM ML062850139.pdf 26614 3/26/2007 10:29:54 AM ML062850266.pdf 26947 3/26/2007 10:29:54 AM

Page 3: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

ML062850347.pdf 26669 3/26/2007 10:29:54 AM ML062850187.pdf 26797 3/26/2007 10:29:54 AM ML062840610.pdf 26584 3/26/2007 10:29:54 AM ML062850345.pdf 26649 3/26/2007 10:29:54 AM ML062850260.pdf 26099 3/26/2007 10:29:54 AM ML062850114.pdf 26822 3/26/2007 10:29:54 AM ML062850239.pdf 26744 3/26/2007 10:29:54 AM ML062850252.pdf 26008 3/26/2007 10:29:54 AM ML062850244.pdf 26853 3/26/2007 10:29:54 AM ML062850151.pdf 26790 3/26/2007 10:29:54 AM ML062850107.pdf 26793 3/26/2007 10:29:54 AM ML062850355.pdf 26751 3/26/2007 10:29:54 AM ML062850078.pdf 26702 3/26/2007 10:29:54 AM ML062850120.pdf 26781 3/26/2007 10:29:54 AM ML062850129.pdf 26583 3/26/2007 10:29:54 AM ML062850060.pdf 26825 3/26/2007 10:29:54 AM ML062850067.pdf 26778 3/26/2007 10:29:54 AM ML062850233.pdf 26711 3/26/2007 10:29:54 AM Options Priority: Standard Reply Requested: No Return Notification: None None Concealed Subject: No Security: Standard

Page 4: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Please see below.

Page 1 of 1

3/26/2007file://c:\EMailCapture\Vogtle_Public\210\attch1.htm

Page 5: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Steven TerryLand Resources ManagerMiccosukee Tribe of Indians of FloridaReal Estate ServicesMile Marker 70US 41 at Admin. Bldg.Miami, FL 33194

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Mr. Terry:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Miccosukee Tribe of Indians of Florida. We want toensure that you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b),the NRC invites the Miccosukee Tribe of Indians of Florida to provide input to the scopingprocess relating to the NRC’s environmental review of the application. The following is adescription of the application and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Page 6: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. S. Terry 2

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invitesthe Miccosukee Tribe of Indians of Florida to consult with the staff in this regard by participatingin the scoping process; identifying historic properties on the Vogtle ESP site; assessing theeffects of the proposed action on any historic properties identified; and developing alternativesand proposed measures that might avoid, minimize, or mitigate any adverse effects of theproposed action on historic properties. The NRC intends to describe such alternatives andproposed measures in the EIS analyses of potential impacts to historical and cultural resources. To complete consultation under § 800.8, the NRC staff will forward the draft EIS to you for yourreview and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 7: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. S. Terry 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 8: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. S. Terry 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850139.wpdAccession No.: ML062850139

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 9: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Mr. S. Terry from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850139

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 10: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 11: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 12: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Willard Steele, Deputy THPOSeminole Tribe of FloridaAh-Tah-Thi-Ki MuseumHC 61, Box 21AClewiston, FL 33440

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Mr. Steele:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Seminole Tribe of Florida. We want to ensure that youare aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRC invitesthe Seminole Tribe of Florida to provide input to the scoping process relating to the NRC’senvironmental review of the application. The following is a description of the application andthe environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invitesthe Seminole Tribe of Florida to consult with the staff in this regard byparticipating in the scoping process; identifying historic properties on the Vogtle ESP site;assessing the effects of the proposed action on any historic properties identified; and

Page 13: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. W. Steele 2

developing alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describesuch alternatives and proposed measures in the EIS analyses of potential impacts to historicaland cultural resources. To complete consultation under § 800.8, the NRC staff will forward thedraft EIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

At the conclusion of the scoping process, the NRC staff will prepare a summary of the

Page 14: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. W. Steele 3

significant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 15: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. W. Steele 3

3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850266.wpdAccession No.: ML062850266

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 16: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Mr. W. Steele from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850266

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 17: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 18: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 19: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Kenneth H. CarletonTHPO/Tribal ArchaeologistMississippi Band of Choctaw IndiansP.O. Box 6257/ 101 Industrial RoadChoctaw, MS 39350

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Mr. Carleton:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Mississippi Band of Choctaw Indians. We want to ensurethat you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Mississippi Band of Choctaw Indians to provide input to the scoping process relatingto the NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended). Accordingly, the staff invites theMississippi Band of Choctaw Indians to consult with the staff in this regard by participating inthe scoping process; identifying historic properties on the Vogtle ESP site; assessing the effects

Page 20: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. K. Carleton 2

of the proposed action on any historic properties identified; and developing alternatives andproposed measures that might avoid, minimize, or mitigate any adverse effects of the proposedaction on historic properties. The NRC intends to describe such alternatives and proposedmeasures in the EIS analyses of potential impacts to historical and cultural resources. Tocomplete consultation under § 800.8, the NRC staff will forward the draft EIS to you for yourreview and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 21: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. K. Carleton 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 22: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. K. Carleton 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850347.wpdAccession No.: ML062850347

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 23: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Mr. K. Carleton from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850347

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 24: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 25: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 26: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Chadwick Smith, Principal ChiefCherokee Nation of OklahomaP.O. Box 948Tahlequa, OK 74465

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Principal Chief Smith:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Cherokee Nation of Oklahoma. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Cherokee Nation of Oklahoma to provide input to the scoping process relating to theNRC’s environmental review of the application. The following is a description of the applicationand the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 27: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Principal Chief C. Smith - 2 -2

Accordingly, the staff invites the Cherokee Nation of Oklahoma to consult with the staff in thisregard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 28: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Principal Chief C. Smith - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 29: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Principal Chief C. Smith - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850187.wpdAccession No.: ML062850187*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19 /06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 30: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Principal Chief C. Smith, Dated: October 12, 2006Accession No.: ML062850187Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 31: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 32: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 33: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Gilbert Blue, ChairpersonCatawba Indian TribeP.O. Box 188Catawba, SC 29704

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Chairperson Blue:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Catawba Indian Tribe. We want to ensure that you areaware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRC invites theCatawba Indian Tribe to provide input to the scoping process relating to the NRC’senvironmental review of the application. The following is a description of the application andthe environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 34: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chairperson G. Blue - 2 -2

Accordingly, the staff invites the Catawba Indian Tribe to consult with the staff in thisregard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 35: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chairperson G. Blue - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 36: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chairperson G. Blue - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062840610.wpdAccession No.: ML062840610*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Vierra C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/14/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 37: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Chairperson G. Blue Dated: October 12, 2006Accession No.: ML062840610Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 38: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 39: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 40: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Karen KaniatobeDirector of the Cultural/Historical Preservation DepartmentAbsentee-Shawnee Tribe of Oklahoma2025 S. Gordon Cooper DriveShawnee, OK 74801

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Ms. Kaniatobe:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Absentee-Shawnee Tribe of Oklahoma. We want toensure that you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b),the NRC invites the Absentee-Shawnee Tribe of Oklahoma to provide input to the scopingprocess relating to the NRC’s environmental review of the application. The following is adescription of the application and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invitesthe Absentee-Shawnee Tribe of Oklahoma to consult with the staff in this regard byparticipating in the scoping process; identifying historic properties on the Vogtle ESP site;

Page 41: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. K. Kaniatobe 2

assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describesuch alternatives and proposed measures in the EIS analyses of potential impacts to historicaland cultural resources. To complete consultation under § 800.8, the NRC staff will forward thedraft EIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

At the conclusion of the scoping process, the NRC staff will prepare a summary of the

Page 42: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. K. Kaniatobe 3

significant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 43: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. K. Kaniatobe 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

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C:\FileNet\ML062850345.wpdAccession No.: ML062850345

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 44: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Ms. K. Kaniatobe from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850345

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 45: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 46: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 47: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Debbie ThomasTribal Historic Preservation OfficerNAGPRA CoordinatorAlabama-Coushatta Tribe of Texas571 State Park Road, 56Livingston, TX 77351

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Ms. Thomas:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Alabama-Coushatta Tribe of Texas. We want to ensurethat you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Alabama-Coushatta Tribe of Texas to provide input to the scoping process relating tothe NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invites the Alabama-Coushatta Tribe of Texas to consult with the staff in

Page 48: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. D. Thomas 2

this regard by participating in the scoping process; identifying historic properties on the VogtleESP site; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describesuch alternatives and proposed measures in the EIS analyses of potential impacts to historicaland cultural resources. To complete consultation under § 800.8, the NRC staff will forward thedraft EIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 49: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. D. Thomas 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 50: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. D. Thomas 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850260.wpdAccession No.: ML062850260

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 51: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Ms. D. Thomas from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850260

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 52: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 53: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 54: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mrs. Joyce A. Bear, NAGPRA ContactMuscogee (Creek) Nation of Oklahoma P.O. Box 580Okmulgee, OK 74447

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Mrs. Bear:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Muscogee (Creek) Nation of Oklahoma . We want toensure that you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b),the NRC invites the Muscogee (Creek) Nation of Oklahoma to provide input to the scopingprocess relating to the NRC’s environmental review of the application. The following is adescription of the application and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 55: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mrs. J. A. Bear - 2 -2

Accordingly, the staff invites the Muscogee (Creek) Nation of Oklahoma to consult with the staffin this regard by participating in the scoping process; identifying historic properties on theVogtle ESP site; assessing the effects of the proposed action on any historic propertiesidentified; and developing alternatives and proposed measures that might avoid, minimize, ormitigate any adverse effects of the proposed action on historic properties. The NRC intends todescribe such alternatives and proposed measures in the EIS analyses of potential impacts tohistorical and cultural resources. To complete consultation under § 800.8, the NRC staff willforward the draft EIS to you for your review and comment, and will address your comments inthe final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 56: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mrs. J. A. Bear - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 57: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mrs. J. A. Bear - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850114.wpdAccession No.: ML062850114*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 58: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Mrs. J. A. Bear, Dated: October 12, 2006Accession No.: ML062850114Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 59: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 60: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 61: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Dallas Proctor, ChiefUnited Keetoowah Band of Cherokee IndiansP.O. Box 746Tahlequah, OK 74465

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Chief Proctor:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the United Keetoowah Band of Cherokee Indians. We wantto ensure that you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b),the NRC invites the United Keetoowah Band of Cherokee Indians to provide input to thescoping process relating to the NRC’s environmental review of the application. The following isa description of the application and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 62: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief D. Proctor - 2 -2

Accordingly, the staff invites the United Keetoowah Band of Cherokee Indians to consult withthe staff in this regard by participating in the scoping process; identifying historic properties onthe Vogtle ESP site; assessing the effects of the proposed action on any historic propertiesidentified; and developing alternatives and proposed measures that might avoid, minimize, ormitigate any adverse effects of the proposed action on historic properties. The NRC intends todescribe such alternatives and proposed measures in the EIS analyses of potential impacts tohistorical and cultural resources. To complete consultation under § 800.8, the NRC staff willforward the draft EIS to you for your review and comment, and will address your comments inthe final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 63: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief D. Proctor - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 64: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief D. Proctor - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850239.wpdAccession No.: ML062850239*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 65: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Chief D. Proctor, Dated: October 12, 2006Accession No.: ML062850239Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 66: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 67: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 68: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Pare BowlegsSeminole Nation of OklahomaPO Box 1498Wewoka, OK 74884

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Mr. Bowlegs:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Seminole Nation of Oklahoma. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Seminole Nation of Oklahoma to provide input to the scoping process relating to theNRC’s environmental review of the application. The following is a description of the applicationand the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invitesthe Seminole Nation of Oklahoma to consult with the staff in this regard by participating in thescoping process; identifying historic properties on the Vogtle ESP site; assessing the effects ofthe proposed action on any historic properties identified; and developing alternatives and

Page 69: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. P. Bowlegs 2

proposed measures that might avoid, minimize, or mitigate any adverse effects of the proposedaction on historic properties. The NRC intends to describe such alternatives and proposedmeasures in the EIS analyses of potential impacts to historical and cultural resources. Tocomplete consultation under § 800.8, the NRC staff will forward the draft EIS to you for yourreview and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 70: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. P. Bowlegs 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 71: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. P. Bowlegs 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850252.wpdAccession No.: ML062850252

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 72: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Mr. P. Bowlegs from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850252

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 73: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 74: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 75: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Michell Hicks, Principal ChiefEastern Band of Cherokee IndiansP.O. Box 455Qualla BoundaryCherokee, NC 28719

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Principal Chief Hicks:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Eastern Band of Cherokee Indians. We want to ensurethat you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Eastern Band of Cherokee Indians to provide input to the scoping process relating tothe NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 76: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. M. Hicks - 2 -2

Accordingly, the staff invites the Eastern Band of Cherokee Indians to consult with the staff inthis regard by participating in the scoping process; identifying historic properties on the VogtleESP site; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 77: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. M. Hicks - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 78: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. M. Hicks - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850244.wpdAccession No.: ML062850244*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 79: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Principal Chief M. Hicks, Dated: October 12, 2006Accession No.: ML062850244PublicD. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 80: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 81: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 82: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Tarpie Yargee, ChiefAlabama-Quassarte Tribal TownP.O. Box 187Wetumka, OK 74883

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Chief Yargee:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Alabama-Quassarte Tribal Town. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Alabama-Quassarte Tribal Town to provide input to the scoping process relating tothe NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Accordingly, the staff invites the Alabama-Quassarte Tribal Town to consult with the staff in this

Page 83: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief T. Yargee - 2 -

regard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 84: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief T. Yargee - 2 -

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 85: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Chief T. Yargee - 2 -

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850151.wpdAccession No.: ML062850151*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg CNolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06OFFICIAL RECORD COPY

Page 86: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Chief T. Yargee, Dated: October 12, 2006Accession No.: ML062850151Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 87: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 88: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 89: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Charles Thurmond, NAGPRA ContactGeorgia Tribe of Eastern CherokeeP.O. Box 1324Clayton, GA 30525

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Mr. Thurmond:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Georgia Tribe of Eastern Cherokee. We want to ensurethat you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Georgia Tribe of Eastern Cherokee to provide input to the scoping process relatingto the NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 90: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. C. Thurmond - 2 -2

Accordingly, the staff invites the Georgia Tribe of Eastern Cherokee to consult with the staff inthis regard by participating in the scoping process; identifying historic properties on the VogtleESP site; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 91: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. C. Thurmond - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor RegulationSincerely,

Project No. 737cc: See next page

Page 92: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. C. Thurmond - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850107.wpdAccession No.: ML062850107*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 93: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Mr. C. Thurmond, Dated: October 12, 2006Accession No.: ML062850107Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 94: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 95: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 96: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Emma Sue Holland, NAGPRA ContactUnited Keetoowah Band of Cherokee IndiansP.O. Box 746Tahlequah, OK 74465

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Ms. Holland:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the United Keetoowah Band of Cherokee Indians. We wantto ensure that you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b),the NRC invites the United Keetoowah Band of Cherokee Indians to provide input to thescoping process relating to the NRC’s environmental review of the application. The following isa description of the application and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 97: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Holland - 2 -2

Accordingly, the staff invites the United Keetoowah Band of Cherokee Indians to consult withthe staff in this regard by participating in the scoping process; identifying historic properties onthe Vogtle ESP site; assessing the effects of the proposed action on any historic propertiesidentified; and developing alternatives and proposed measures that might avoid, minimize, ormitigate any adverse effects of the proposed action on historic properties. The NRC intends todescribe such alternatives and proposed measures in the EIS analyses of potential impacts tohistorical and cultural resources. To complete consultation under § 800.8, the NRC staff willforward the draft EIS to you for your review and comment, and will address your comments inthe final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 98: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Holland - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 99: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Holland - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850355.wpdAccession No.: ML062850355*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Vierra C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 100: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Ms. E. S. Holland, Dated: October 12, 2006Accession No.: ML062850355Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 101: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 102: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 103: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Eddie Tullis, ChairpersonPoarch Band of Creek Indians5811 Jack Springs RoadAtmore, AL 36502

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Mr. Tullis:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Poarch Band of Creek Indians. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Poarch Band of Creek Indians to provide input to the scoping process relating to theNRC’s environmental review of the application. The following is a description of the applicationand the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 104: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. E. Tullis - 2 -2

Accordingly, the staff invites the Poarch Band of Creek Indians to consult with the staff in thisregard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 105: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. E. Tullis - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 106: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. E. Tullis - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850078.wpdAccession No.: ML062850078*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 107: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Mr. E. Tullis, Dated: October 12, 2006Accession No.: ML062850078Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 108: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 109: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 110: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Kathy McCoy, NAGPRA ContactEastern Band of Cherokee IndianP.O. Box 455Cherokee, NC 28719

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Ms. McCoy:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Eastern Band of Cherokee Indian. We want to ensurethat you are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Eastern Band of Cherokee Indian to provide input to the scoping process relating tothe NRC’s environmental review of the application. The following is a description of theapplication and the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 111: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

K. McCoy - 2 -2

Accordingly, the staff invites the Eastern Band of Cherokee Indian to consult with the staff inthis regard by participating in the scoping process; identifying historic properties on the VogtleESP site; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 112: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

K. McCoy - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 113: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

K. McCoy - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850120.wpdAccession No.: ML062850120*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 114: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Ms. K. McCoy, Dated: October 12, 2006Accession No.: ML062850120Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 115: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 116: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 117: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. John Zachary, Attorney at Lawc/o Coushatta Tribe of LouisianaP.O. Box 12730Alexandria, LA 71315-2730

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE

Dear Mr. Zachary:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Coushatta Tribe of Louisiana. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Coushatta Tribe of Louisiana to provide input to the scoping process relating to theNRC’s environmental review of the application. The following is a description of the applicationand the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA). Accordingly, the staff invitesthe Coushatta Tribe of Louisiana to consult with the staff in this regard by participating in thescoping process; identifying historic properties on the Vogtle ESP site; assessing the effects ofthe proposed action on any historic properties identified; and developing alternatives and

Page 118: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. J. Zachary 2

proposed measures that might avoid, minimize, or mitigate any adverse effects of the proposedaction on historic properties. The NRC intends to describe such alternatives and proposedmeasures in the EIS analyses of potential impacts to historical and cultural resources. Tocomplete consultation under § 800.8, the NRC staff will forward the draft EIS to you for yourreview and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 119: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. J. Zachary 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 120: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. J. Zachary 3

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850129.wpdAccession No.: ML062850129

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 10/06/06 10/11/06 10/11/06 10/10/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 121: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Letter to Mr. J. Zachary from C. Nolan, dated October 12, 2006

SUBJECT: EARLY SITE PERMIT REVIEW FOR THE VOGTLE SITE ADAMS Accession No. ML062850129

DISTRIBUTION:Public D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-Perez, OSTPK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 122: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 123: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 124: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Evelyn Bucktrot, Town KingKialegee Tribal TownP.O. Box 332Wetumka, OK 74883

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Ms. Bucktrot:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Kialegee Tribal Town. We want to ensure that you areaware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRC invites theKialegee Tribal Town to provide input to the scoping process relating to the NRC’senvironmental review of the application. The following is a description of the application andthe environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 125: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Bucktrot - 2 -2

Accordingly, the staff invites the Kialegee Tribal Town to consult with the staff in thisregard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 126: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Bucktrot - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 127: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. E. Bucktrot - 2 -

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850060.wpdAccession No.: ML062850060*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 128: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Ms. E. Bucktrot, Dated: October 12, 2006Accession No.: ML062850060Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 129: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 130: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 131: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Ms. Gale Thrower, NAGPRA ContactPoarch Band of Creek Indians5811 Jack Springs RoadAtmore, AL 36502

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Ms. Thrower:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Poarch Band of Creek Indians. We want to ensure thatyou are aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRCinvites the Poarch Band of Creek Indians to provide input to the scoping process relating to theNRC’s environmental review of the application. The following is a description of the applicationand the environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 132: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. G. Thrower - 2 -2

Accordingly, the staff invites the Poarch Band of Creek Indians to consult with the staff in thisregard by participating in the scoping process; identifying historic properties on the Vogtle ESPsite; assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 133: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. G. Thrower - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 134: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Ms. G. Thrower - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850067.wpdAccession No.: ML062850067*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich RWeisman C. Nolan

DATE 09/11/06 09/19/06 09/20 /06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 135: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Ms. G. Thrower, Dated: October 12, 2006Accession No.: ML062850067Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 136: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 137: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov

Page 138: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

October 12, 2006

Mr. Louis McGertt, Town KingThlopthlocco Tribal TownP.O. Box 188Okema, OK 74859

SUBJECT: EARLY SITE PERMIT (ESP) REVIEW FOR THE VOGTLE SITE

Dear Mr. McGertt:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing an application for an earlysite permit (ESP) to set aside a site for the potential future construction of one or more newnuclear power plants. The application was submitted by Southern Nuclear Operating Company,on August 15, 2006, pursuant to NRC requirements at Title 10 of the Code of FederalRegulations (10 CFR) Part 52. The applicant supplemented the application by letters datedSeptember 6, 2006 (two letters), and September 13, 2006. The application was accepted fordocketing on September 19, 2006. If built, the new unit(s) would be located on a site adjacentto the existing Vogtle Electric Generating Plant (VEGP) site which is located on a Coastal Plainbluff on the southwest side of the Savannah River in eastern Burke County, Georgia.

As part of its review of the application, the NRC staff will prepare an environmental impactstatement (EIS) under the provisions of 10 CFR Part 51, the NRC rules that implement theNational Environmental Policy Act of 1969. The NRC environmental review process includes anopportunity for public participation in the environmental review. The VEGP ESP site is locatedon land that may be of interest to the Thlopthlocco Tribal Town. We want to ensure that youare aware of our efforts and, pursuant to our regulations at 10 CFR 51.28(b), the NRC invitesthe Thlopthlocco Tribal Town to provide input to the scoping process relating to the NRC’senvironmental review of the application. The following is a description of the application andthe environmental review process.

The EIS will document the NRC staff’s evaluation of the impacts of construction and operationof one or more new nuclear plants at the Vogtle ESP site. In addition, the staff will alsoconsider alternatives to the proposed action, including alternative sites. The EIS will contain theresults of the review of the environmental impacts on the area surrounding the VEGP ESP sitethat are related to terrestrial ecology, aquatic ecology, hydrology, socioeconomic issues, andhistoric properties (among others), and will contain a recommendation on whether therequested ESP should be granted or denied. If granted, the ESP would not authorize theapplicant to begin construction of the unit(s).

Therefore, as part of this review, and in accordance with the provisions in 36 CFR § 800.8, theNRC staff is using the NEPA process to comply with the obligations imposed under § 106 of theNational Historic Preservation Act of 1966, as amended (NHPA).

Page 139: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. L. McGertt - 2 -2

Accordingly, the staff invites the Thlopthlocco Tribal Town to consult with the staff in this regardby participating in the scoping process; identifying historic properties on the Vogtle ESP site;assessing the effects of the proposed action on any historic properties identified; anddeveloping alternatives and proposed measures that might avoid, minimize, or mitigate anyadverse effects of the proposed action on historic properties. The NRC intends to describe suchalternatives and proposed measures in the EIS analyses of potential impacts to historical andcultural resources. To complete consultation under § 800.8, the NRC staff will forward the draftEIS to you for your review and comment, and will address your comments in the final EIS.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian tribesthat might have an interest in any potential historic properties in the area of potential effect(APE) are afforded the opportunity to identify their concerns, provide advice on the identificationand evaluation of historic properties, including those of traditional religious and culturalimportance, and, if necessary, participate in the resolution of any adverse effects to suchproperties.

The APE for this ESP review is the area at the power plant site and its immediate environs,which may be impacted by land-disturbing activities associated with the construction andoperation of the new unit(s). The application, which describes the APE, is available through theweb-based version of the NRC’s Agencywide Documents Access and Management Systemwhich can be found at http://www.nrc.gov/reading-rm/adams.html. The application is listedunder accession number ML062290248.

On October 19, 2006, the NRC will conduct a public environmental scoping meeting from 7:00 p.m. until 10:00 p.m., at the Augusta Technical College, Waynesboro Campus Auditorium,216 Hwy 24 South, Waynesboro, GA 30830. Representatives of your tribe are invited to attend. The meeting will be preceded by a two-hour open house during which members of the publicmay meet and talk with NRC staff members on an informal basis.

Please submit any written comments your tribe may have to offer on the scope of theenvironmental review by December 4, 2006. Comments should be submitted either by mail tothe Chief, Rules and Directives Branch, Division of Administrative Services, Mail Stop T-6D59,U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or by e-mail [email protected].

Page 140: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. L. McGertt - 2 --2-

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737

cc: See next page

Page 141: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Mr. L. McGertt - 2 -2

At the conclusion of the scoping process, the NRC staff will prepare a summary of thesignificant issues identified and the conclusions reached, and will send a copy to you. Inaddition, after it is issued, your office will receive a copy of the draft EIS along with a request forcomments. The anticipated publication date for the draft EIS is July 2007. If you have anyquestions or require additional information, please contact the Environmental Project Managerfor the VEGP ESP project, Mark Notich at 301-415-3053 or Cristina Guerrero at 301-415-2981. You may also e-mail us at [email protected] or [email protected].

Sincerely,

/RA/

Christopher Nolan, Branch ChiefDivision of New Reactor LicensingOffice of Nuclear Reactor Regulation

Project No. 737cc: See next page

DISTRIBUTION: See next page

C:\FileNet\ML062850233.wpdAccession No.: ML062850233*See Previous Concurrence

OFFICE LA:DNRL:NEPB GS:DNRL:NEPB PM:DNRL:NAPB PM:DNRL:NEPB OGC BC:DNRL:NEPB

NAME M. Viera C. Guerrero C. Araguas M. Notich KWinsberg C. Nolan

DATE 09/11/06 09/19/06 09/20/06 09/19/06 10/05/06 10/12/06

OFFICIAL RECORD COPY

Page 142: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

DISTRIBUTION: Ltr. to the Mr. L. McGertt, Dated: October 12, 2006Accession No.: ML062850233Docket FilePublic D. Matthews/B. Beckner (RidsNrrDNRS)M. NotichC. NolanC. AraguasJ. WilsonC. GuerreroT. KenyonJ. DavisO. Siurano-PerezK. Clark, RIIG. McCoy, SRIB. Anderson, RIM. Sackschewsky (PNNL)K. Leigh (PNNL)OCAOPANEPB

Page 143: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

Vogtle Electric Generating Plant

cc:

Mr. Jeffrey T. GasserExecutive Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Louis B. LongVice President Technical SupportSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. Charles R. PierceESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Thomas O. McCallumESP Project ManagerP.O. Box 1295Birmingham, AL 35201-1295

Mr. Steven M. JacksonSenior Engineer - Power SupplyMunicipal Electric Authority of Georgia1470 Riveredge Parkway, NWAtlanta, GA 30328-4684

Mr. Reece McAlisterExecutive SecretaryGeorgia Public Service Commission244 Washington St., SWAtlanta, GA 30334

Mr. Adrian HeymerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Attorney GeneralLaw Department132 Judicial BuildingAtlanta, GA 30334

Mr. Laurence BergenOglethorpe Power Corporation2100 East Exchange PlaceP.O. Box 1349Tucker, GA 30085-1349

Arthur H. Domby, EsquireTroutman SandersNations Bank Plaza600 Peachtree Street, NESuite 5200Atlanta, GA 30308-2216

Resident InspectorVogtle Plant8805 River RoadWaynesboro, GA 30830

Mr. Paul GunterDirector of the Reactor Watchdog ProjectNuclear Information & Resource Service1424 16th Street, NW, Suite 404Washington, DC 20036

Mr. Russell BellNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Mr. James RiccioGreenpeace702 H Street, NW, Suite 300Washington, DC 20001

Mr. Jay M. GutierrezMorgan, Lewis & Bockius, LLP1111 Pennsylvania Avenue, NWWashington, DC 20004

Mr. Robert E. SweeneyIBEX ESI4641 Montgomery AvenueSuite 350Bethesda, MD 20814

Page 144: From: Cheri Nagel To · environmental review by December 4, 2006. Comments should be submitted either by mail to the Chief, Rules and Directives Branch, Division of Administrative

- 2 -

Ms. Vanessa E. Quinn, ChiefRadiological Emergency PreparednessBranchNuclear and Chemical Preparedness andProtection DivisionDepartment of Homeland Security1800 South Bell Street, Room 837Crystal City-Arlington, VA 22202-3546

Mr. Paul LeventhalNuclear Control Institute1000 Connecticut Avenue, NWSuite 410Washington, DC 20036

Mr. David LochbaumUnion of Concerned Scientists1707 H Street, NWSuite 600Washington, DC 20006-3919

Mr. Marvin FertelSenior Vice Presidentand Chief Nuclear OfficerNuclear Energy InstituteSuite 4001776 I Street, NWWashington, DC 20006-3708

Jim DavisESP Project EngineerSouthern Nuclear CompanyPost Office Box 1295, BIN B056Birmingham AL 35201

O.C. Harper IVVice President - Resources Planning andNuclear DevelopmentGeogia Power Company241 Ralph McGill BoulevardAtlanta, GA 30308

Bentina C. TerrySouthern Nuclear Operating Company, Inc.Bin B-022P.O. Box 1295Birmingham, AL 35201-1295

Director, Consumers’ Utility Counsel DivisionGovernor’s Office of Consumer Affairs2 M.L. King, Jr. DrivePlaza Level East; Suite 356Atlanta, GA 30334-4600

Resident MangerOglethorpe Power CorporationAlvin W. Vogtle Nuclear PlantElectronic Mail Distribution

Mr. Thomas P. MillerU.S. Department of EnergyHeadquarters - Germantown19901 Germantown RoadGermantown, MD 20874-1290

Mr. Joseph (Buzz) MillerSenior Vice PresidentSouthern Nuclear Operating Company, Inc.P.O. Box 1295Birmingham, AL 35201-1295

Mr. M. Stanford Blanton, EsquireBalch and Bingham, LLPP.O. Box 306Birmingham, AL 35201

Email:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hq.doe.gov ortom.miller@ [email protected]@[email protected] [email protected]@[email protected]@eia.doe.gov


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