[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Notices]
[Pages 36966-36967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18066]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318]
Baltimore Gas & Electric Company, Calvert Cliffs Nuclear Power
Plant Units 1 and 2; Notice of Opportunity for a Hearing Regarding
Renewal of Facility Operating Licenses Nos. DPR-53 and DPR-69 for an
Additional 20-Year Period
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the renewal of facility operating licenses Nos. DPR-53 and
DPR-69, which authorize Baltimore Gas & Electric Company (BG&E), the
applicant, to operate its Calvert Cliffs Nuclear Power Plant (CCNPP),
Units 1 and 2 at 2700 megawatts thermal. BG&E submitted an application
to renew the operating licenses for its CCNPP units by letter dated
April 8, 1998. A Notice of Receipt of Application, ``Baltimore Gas &
Electric Company; Calvert Cliffs Nuclear Power Plant Units 1 & 2;
Notice of Receipt of Application for Renewal of Facility Operating
Licenses Nos. DPR-53 and DPR-69 for an Additional 20-Year Period,'' was
published on April 27, 1998, in the Federal Register (63 FR 20663). The
renewed licenses would authorize the applicant to operate CCNPP Units 1
and 2 for an additional 20 years beyond the current 40-year period. The
current license for Unit 1 expires on July 31, 2014, and the current
license for Unit 2 expires on August 13, 2016.
Prior to issuance of the requested license renewals, the NRC will
have made the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the NRC's rules and regulations. In accordance
with 10 CFR 54.29, the NRC will issue a renewed license upon its review
and finding that actions have been identified and have been or will be
taken with respect to (1) managing the effects of aging during the
period of extended operation on the functionality of structures and
components that have been identified to require an aging management
review and (2) time-limited aging analyses that have been identified to
require review such that there is reasonable assurance that the
activities authorized by the renewed license will continue to be
conducted in accordance with the current licensing basis (CLB) and that
any changes made to the plant's CLB comply with the Act and the
Commission's regulations. The NRC, in accordance with 10 CFR 51.95(c),
will prepare an environmental impact statement which is a supplement to
the Commission's NUREG-1437, ``Generic Environmental Impact Statement
for License Renewal of Nuclear Plants'' (May 1996). A ``Notice of
Intent to Prepare an Environmental Impact Statement and Conduct Scoping
Process'' was issued on June 10, 1998, in the Federal Register (63 FR
31813). As discussed further below, in the event that a hearing is
held, issues that may be litigated will be confined to those pertinent
to the foregoing.
By August 7, 1998, the applicant may file a request for a hearing,
and any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written request for a hearing and a petition for leave to intervene
with respect to the license renewals in accordance with the provisions
of 10 CFR 2.714. Interested persons should consult a current copy of 10
CFR 2.714 which is available at the Commission's Public Document Room,
the Gelman Building, 2120 L Street, N.W., Washington, D.C. and at the
local public document room for the CCNPP Units 1 and 2 located in the
Calvert County Public Library, 30 Duke Street, Prince Frederick, MD
20678. If the applicant files a request for a hearing or if any person
whose interest may be affected by this proceeding files a request for a
hearing and a petition for leave to intervene by the above date, the
Commission or an Atomic Safety and Licensing Board designated by the
Commission or by the Chairman of the Atomic Safety and Licensing Board
Panel will rule on the request(s) and/or petition(s), and the Secretary
or the designated Atomic Safety and Licensing Board will issue a notice
of hearing or an appropriate order. In the event that no request for
hearing or petition for leave to intervene is filed by the above date,
the NRC may, upon completion of its evaluations and upon making the
findings required under 10 CFR Part 54 and Part 51, renew the licenses
without further notice.
As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding, taking into consideration the limited scope of matters
which may be considered pursuant to 10 CFR Parts 54 and 51. The
petition should specifically explain the reasons why intervention
should be permitted with particular reference to the following factors:
(1) The nature of the petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (3) the
possible effect of any order that may be entered in the proceeding on
the petitioner's interest. The petition should also identify the
specific aspect(s) of the subject matter of the proceeding as to which
petitioner wishes to intervene. Any person who has filed a petition for
leave to intervene or who has been admitted as a party may amend a
petition, without requesting leave of the Board, up to 15 days prior to
the holding of the first pre-hearing conference scheduled in the
proceeding, but such an amended petition must satisfy the specificity
requirements described above.
Not later than fifteen (15) days prior to the first pre-hearing
conference scheduled in the proceeding, a petitioner shall file a
supplement to the petition to intervene which must include a list of
contentions which are sought to be litigated in the matter. Each
contention must consist of a specific statement of the issue of law or
fact to be raised or controverted. In addition, the petitioner shall
provide a brief explanation of the bases of the contention and a
concise statement of the alleged facts or expert opinion which support
the contention and on which the petitioner intends to rely in proving
the contention at the hearing. The petitioner must also provide
references to those specific sources and documents of which the
petitioner is aware and on which the petitioner intends to rely to
establish those facts or expert opinion. Petitioner must provide
sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact. Contentions shall be
limited to matters within the scope of the action under consideration.
The contention must be one which, if proven, would entitle the
petitioner to relief. A petitioner who fails to file such a supplement
which satisfies these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
[[Page 36967]]
hearing, including the opportunity to present evidence and cross-
examine witnesses.
Requests for a hearing and petitions for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's Public
Document Room, Gelman Building, 2120 L Street, NW, Washington, DC, by
the above date. A copy of the request for a hearing and the petition
should also be sent to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and to R.F.
Fleishman, Esquire, General Counsel, Baltimore Gas and Electric Company
P.O. Box 1475, Baltimore, MD 21203.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions, and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer, or the presiding Atomic Safety and Licensing Board that the
petition and/or request should be granted based upon a balancing of the
factors specified in 10 CFR 2.714(a)(1) (I)-(v) and 2.714(d).
For further details with respect to this action, see the
application dated April 8, 1998, which is available for public
inspection at the Commission's Public Document Room, 2120 L Street, NW,
Washington, DC 20555 and the Local Public Document Room for the CCNPP
Units 1 and 2 located in the Calvert County Public Library, 30 Duke
Street, Prince Frederick, MD 20678.
Dated at Rockville Maryland, this 1st day of July 1998.
For The Nuclear Regulatory Commission.
Stephen T. Hoffman,
Acting Director, License Renewal Project Directorate, Division of
Reactor Program Management, Office of Nuclear Reactor Regulation.
[FR Doc. 98-18066 Filed 7-7-98; 8:45 am]
BILLING CODE 7590-01-P