[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Notices]
[Pages 16502-16503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8314]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-389]


Florida Power & Light Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-16 issued to Florida Power & Light Company (the licensee) for 
operation of the St. Lucie Plant, Unit 2 located in St. Lucie County, 
Florida.
    The proposed amendment would modify the St. Lucie, Unit 2, 
Technical Specifications to increase the capacity of the spent fuel 
storage pool, in part, by allowing a credit for a certain soluble boron 
concentration in the spent fuel pool.
    The Commission had previously issued a Notice of Consideration of 
Issuance of an Amendment published in the Federal Register on February 
25, 1998 (63 FR 9602), and December 16, 1998 (63 FR 69340). These 
notices contained the Commission's proposed determination that the 
requested amendment involved no significant hazards considerations, 
offered an opportunity for comments on the Commission's proposed 
determination, and offered an opportunity for the applicant to request 
a hearing on the amendment and for persons whose interest might be 
affected to petition for leave to intervene.
    Due to an oversight, the Notice of Consideration of Amendment for 
each of the previously mentioned Federal Register notices did not 
provide notice that this application involves a proceeding on an 
application for a license amendment falling within the scope of section 
134 of the Nuclear Waste Policy Act of 1982. Such notice is required by 
the Commission's regulations, 10 CFR 2.1107.
    The Commission hereby provides such notice that this is a 
proceeding on an application for a license amendment falling within the 
scope of section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 
U.S.C. 10154. Under section 134 of the NWPA, the Commission, at the 
request of any party to the proceeding, must use hybrid hearing 
procedures with respect to ``any matter which the Commission determines 
to be in controversy among the parties.''
    The hybrid procedures in section 134 provide for oral argument on 
matters in controversy, preceded by discovery under the Commission's 
rules and the designation, following argument of only those factual 
issues that involve a genuine and substantial dispute, together with 
any remaining questions of law, to be resolved in an adjudicatory 
hearing. Actual adjudicatory hearings are to be held on only those 
issues found to meet the criteria of section 134 and set for hearing 
after oral argument.
    The Commission's rules implementing section 134 of the NWPA are 
found in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for 
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power 
Reactors'' (published at 50 FR 41662 dated October 15, 1985). Under 
those rules, any party to the proceeding may invoke the hybrid hearing 
procedures by filing with the presiding officer a written request for 
oral argument under 10 CFR 2.1109. To be timely, the request must be 
filed within ten (10) days of an order granting a request for hearing 
or petition to intervene. The presiding officer must grant a timely 
request for oral argument. The presiding officer may grant an untimely 
request for oral argument only upon a showing of good cause by the 
requesting party for the failure to file on time and after providing 
the other parties an opportunity to respond to the untimely request. If 
the presiding officer grants a request for oral argument, any hearing 
held on the application must be conducted in accordance with the hybrid 
hearing procedures. In essence, those procedures limit the time 
available for discovery and require that an oral argument be held to 
determine whether any contentions must be resolved in an adjudicatory 
hearing. If no party to the proceeding timely requests oral argument, 
and if all untimely requests for oral argument are denied, then the 
usual procedures in 10 CFR Part 2, Subpart G apply.
    By May 5, 1999, the licensee may file a request for a hearing with 
respect to issuance of the amendment to the subject facility operating 
license and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
and to invoke the hybrid hearing procedures as set forth above must 
file a written request for a hearing and a petition for leave to 
intervene. Requests for a hearing and a petition for leave to intervene 
shall be filed in accordance with the Commission's ``Rules of Practice 
for Domestic Licensing Proceedings'' in 10 CFR Part 2. 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, NW., Washington, DC, and at the local public 
document room located at the Indian River Community College Library, 
3209 Virginia Avenue, Fort Pierce, Florida 34981-5596. If a request for 
a hearing or petition for leave to intervene is filed 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 and/or petition; 
and the Secretary or the designated Atomic Safety and Licensing Board 
will issue a notice of hearing or an appropriate order. Requests for 
hearing and petitions for leave to intervene that do not seek to invoke 
the hybrid procedures are not authorized by this notice and would be 
considered untimely.
    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. 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 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 which 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 the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the 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

[[Page 16503]]

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 amendment 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 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendment.
    Normally, the Commission will not issue the amendment until the 
expiration of the 30-day notice period. However, should circumstances 
change during the notice period such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 30-day notice period, provided that its final determinations is 
that the amendment involves no significant hazards consideration. The 
final determination will consider all public and State comments 
received. Should the Commission take this action, it will publish in 
the Federal Register a notice of issuance and provide for opportunity 
for a hearing after issuance. The Commission expects that the need to 
take this action will occur very infrequently.
    A request for a hearing or a petition for leave to intervene that 
seeks to invoke the hybrid hearing procedures in accordance with this 
notice must be filed with the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, or may be delivered to the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, by the above date. A copy of the petition should 
also be sent to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and to M.S. Ross, 
Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 33408-
0420, attorney for the licensee.
    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 for amendment dated December 31, 1997, as supplemented May 
15, 1998, September 15, 1998, November 25, 1998, and January 28, 1999, 
which are available for public inspection at the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
and at the local public document room located at the Indian River 
Community College Library, 3209 Virginia Avenue, Fort Pierce, Florida 
34981-5596.

    Dated at Rockville, Maryland, this 30th day of March 1999.

    For the Nuclear Regulatory Commission.
William C. Gleaves,
Project Manager, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-8314 Filed 4-2-99; 8:45 am]
BILLING CODE 7590-01-P