[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Notices]
[Pages 42893-42894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20535]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369, 370, 413, and 414]


Duke Energy Corporation, McGuire Units 1 and 2, and Catawba, 
Units 1 and 2; Notice of Acceptance for Docketing of the Application 
and Notice of Opportunity for a Hearing Regarding Renewal of Facility 
Operating License Nos. NPF-9, NPF-17, NPF-35, and NPF-52 for an 
Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering an application for the renewal of Operating License Nos. 
NPF-9, NPF-17, NPF-35, and NPF-52, which authorize Duke Energy 
Corporation to operate McGuire Nuclear Station, Units 1 and 2, and 
Catawba Nuclear Station, Units 1 and 2, at 3411 megawatts thermal. The 
renewed licenses would authorize the applicant to operate McGuire 
Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 
and 2, for an additional 20 years beyond the period specified in the 
current licenses. The current operating licenses for McGuire Nuclear 
Station, Units 1 and 2, expire on June 12, 2021, and March 3, 2023, 
respectively. The current operating licenses for Catawba Nuclear 
Station, Units 1 and 2, expire on December 6, 2024, and February 24, 
2026, respectively.
    Duke Energy Corporation submitted an application to renew the 
operating licenses for McGuire, Units 1 and 2, and Catawba, Units 1 and 
2, on June 13, 2001. A Notice of Receipt of Application, ``Duke Energy 
Corporation, McGuire, Units 1 and 2, and Catawba, Units 1 and 2; Notice 
of Receipt of Application for Renewal of Facility Operating License 
Nos. NPF-9, NPF-17, NPF-35, and NPF-52 for an Additional 20-Year 
Period,'' was published in the Federal Register on July 16, 2001 (66 FR 
37072).
    The Commission's staff has determined that Duke Energy Corporation 
has submitted information in accordance with 10 CFR 54.19, 54.21, 
54.22, 54.23, and 51.53(c) that is complete and acceptable for 
docketing. The current Docket Nos. 50-369, 370, 413, and 414 for 
Operating License Nos. NPF-9, NPF-17, DPR-35, and DPR-52, respectively, 
will be retained. The docketing of the renewal application does not 
preclude requesting additional information as the review proceeds, nor 
does it predict whether the Commission will grant or deny the 
application.
    Before issuance of each requested renewed license, 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 on the basis of 
its review if it finds 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 as requiring aging 
management review, and (2) time-limited aging analyses that have been 
identified as requiring 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.
    Additionally, in accordance with 10 CFR 51.95(c), the NRC will 
prepare an environmental impact statement that is a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants'' (May 1996). Pursuant to 10 
CFR 51.26, and as part of the environmental scoping process, the staff 
intends to hold a public scoping meeting. Detailed information 
regarding this meeting will be included in a future Federal Register 
notice. The Commission also intends to hold public meetings to discuss 
the license renewal process and the schedule for conducting the review. 
The Commission will provide prior notice of these meetings. As 
discussed further herein, in the event that a hearing is held, issues 
that may be litigated will be confined to those pertinent to the 
foregoing.
    By September 14, 2001, 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 renewal of the licenses 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, 11555 Rockville Pike (first floor) Rockville, 
Maryland, and on the NRC Web site at http://www.nrc.gov (the Electronic 
Reading Room). If a request for a hearing or a 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(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 a 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 parts 54 and 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 
that may be considered pursuant to 10 CFR parts 54 and 51. The petition 
must specifically explain the

[[Page 42894]]

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 
must 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 before 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 before the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene that must include a list of the contentions 
that the petitioner seeks to have litigated in the hearing. 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 each contention and a 
concise statement of the alleged facts or the expert opinion that 
supports 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. The 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 that, if proven, would entitle the 
petitioner to relief. A petitioner who fails to file such a supplement 
that 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.
    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 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, 11555 Rockville Pike (first floor), Rockville, Maryland, 
20855-2738, by the above date. A copy of the request for a hearing and 
the petition to intervene should also be sent to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and to Mr. Michael S. Tuckman, Executive Vice President, 
Nuclear Generation, Duke Energy Corporation, 526 South Church Street, 
PO Box 1006, Charlotte, NC 28201-1006.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests for a hearing will 
not be entertained absent a determination by the Commission, the 
presiding officer, or the 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).
    Detailed information about the license renewal process can be found 
under the nuclear reactors' icon of the NRC's Web page at http://www.nrc.gov.
    A copy of the application to renew the operating licenses for 
McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, 
Units 1 and 2, is available for public inspection at the Commission's 
Public Document Room, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 20855-2738, and on the NRC's Web page at http://www.nrc.gov. 
The staff has also verified that copies of the license renewal 
application for the McGuire and Catawba nuclear stations have been 
provided to the J. Murrey Atkins Library at the University of North 
Carolina, Charlotte, in Charlotte, North Carolina, and to the Rock Hill 
Public Library in Rock Hill, South Carolina.

    Dated at Rockville, Maryland, the 8th day of August 2001.

    For the Nuclear Regulatory Commission.
Christopher I. Grimes,
Chief, License Renewal and Standardization Branch, Division of 
Regulatory Improvement Programs, Office of Nuclear Reactor Regulation.
[FR Doc. 01-20535 Filed 8-14-01; 8:45 am]
BILLING CODE 7590-01-P