[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Notices]
[Pages 55964-55965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27731]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370]


Duke Energy Corporation; McGuire Nuclear Station, Unit Nos. 1 and 
2; Notice of Partial Denial of Amendment to Facility Operating License 
and Opportunity for Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) has 
partially denied a request by Duke Energy Corporation (the licensee) 
for an amendment to Facility Operating License (FOL) Nos. NPF-9 and 
NPF-17 issued to the licensee for operation of the McGuire Nuclear 
Station, Unit Nos. 1 and 2, respectively, located in Mecklenburg 
County, North Carolina. Notice of Consideration of Issuance of this 
amendment was published in the Federal Register on November 1, 2001 (65 
FR 65341).
    The purpose of the licensee's amendment request was to revise the 
FOLs by (a) deleting the license conditions (LCs) that have been 
fulfilled by actions that have been completed or are imposed by other 
regulatory requirements, (b) changing the license conditions that have 
been superseded by the current plant status, and (c) incorporating 
other administrative changes.
    The NRC staff has concluded that the licensee's request cannot be 
fully granted with regard to the following elements for Unit 1:

License Condition 2.G, Reporting of Violations

    The licensee's basis for deletion of license condition 2.G which 
requires the reporting of violations of the requirements of license 
conditions 2.C(1), Maximum Power Level, 2.C(4) Fire Protection program, 
and 2.E, on safeguards and security, is that the primary reporting 
requirements for these license conditions are covered by 10 CFR 50.72 
and 10 CFR 50.73. However, the staff does not find that the licensee 
has shown that specific issues addressed by these LCs are encompassed 
by the provisions of 10 CFR 50.72 and 10 CFR 50.73 and, on this basis 
denies the request to delete license condition 2.G as it applies to 
license condition 2.C(1), 2.C(4) and 2.E. The licensee's request to 
delete portions of license condition 2.G as it applies to other license 
conditions has been granted.
    The NRC staff has concluded that the licensee's request cannot be 
fully granted with regard to the following elements for Unit 2:

License Condition 2.C(11), Protection of the Environment

    The NRC staff determined that the license condition must be 
retained on the basis that the requirement of the license condition is 
an ongoing requirement and will be germane for the life of the license. 
Licensee compliance with some environmental regulations is, in fact, 
monitored by the State of North Carolina and the U.S. Environmental 
Protection Agency. However, in its role as a licensing agency, the NRC 
is responsible for monitoring compliance with other regulations. 
Examples include the Endangered Species Act and the Historic 
Preservation Act. In order to meet its responsibilities, the NRC must 
be made aware of planned licensee activities which may result in a 
significant adverse environmental impact that was not evaluated or that 
is significantly greater than that evaluated in the Final Environmental 
Statement or any other environmental impact statement (EIS) relevant to 
the site (e.g., an EIS associated with license renewal). Therefore, 
staff finds that this requirement must remain in place and that its 
request for deletion is denied.

License Condition 2.F, Reporting of Violations

    The licensee's basis for deletion of license condition 2.F which 
requires the reporting of violations of the requirements of license 
conditions 2.C(1), Maximum Power Level, 2.C(7) Fire Protection, 2.C(11) 
Protection of the Environment, and 2.E, on safeguards and security, is 
that the primary reporting requirements for these license conditions 
are covered by 10 CFR 50.72 and 10 CFR 50.73. However, the staff does 
not find that the licensee has shown that the specific issues addressed 
by these LCs are encompassed by the provisions of 10 CFR 50.72 and 10 
CFR 50.73 and, on this basis denies the request to delete license 
condition 2.G as it applies to license condition 2.C(1), 2.C(7), 
2.C(11) and 2.E. The licensee's request to delete portions of license 
condition 2.F as it applies to other license conditions has been 
granted.
    Accordingly, this aspect of the licensee's proposed license 
amendment is denied. The licensee was notified of the Commission's 
denial of the proposed change by a letter dated October 19, 2001.
    By December 5, 2001, the licensee may demand a hearing with respect 
to the denial described above. Any person whose interest may be 
affected by this proceeding may file a written petition for leave to 
intervene.
    A request for hearing or petition 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 U.S. Nuclear Regulatory 
Commission, Public Document Room, Washington, DC 20555-0001, by the 
above date.
    A copy of any petitions should also be sent to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and to Ms. Lisa F. Vaughn, Duke Energy Corporation, 422 
South Church Street, Charlotte, North Carolina 28201-1006 attorney for 
the licensee.
    For further details with respect to this action, see (1) the 
application for amendment dated June 13, 2000, as supplemented August 
30 and September 10, 2001, and (2) the Commission's letter to the 
licensee dated October 19, 2001.
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, and accessible electronically 
through the ADAMS Public Electronic Reading Room link at the NRC web 
site 
(http://www.nrc.gov).

    Dated at Rockville, Maryland, this 19th day of October 2001.

[[Page 55965]]

For the Nuclear Regulatory Commission.
Herbert N. Berkow,
Director, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-27731 Filed 11-2-01; 8:45 am]
BILLING CODE 7590-01-P