[Federal Register Volume 67, Number 153 (Thursday, August 8, 2002)]
[Notices]
[Page 51602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20083]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-247-OLA and ASLBP No. 02-789-01-OLA]


Atomic Safety and Licensing Board; In the Matter of Entergy 
Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc., 
(Indian Point Nuclear Generating Unit No. 2); Public Notice of 
Prehearing Conference

August 2, 2002.

    Before Administrative Judges: Michael C. Farrar, Chairman, Dr. 
Richard F. Cole, Dr. Charles N. Kelber.

    The Atomic Safety and Licensing Board presiding over this license 
amendment proceeding hereby gives public notice that on Tuesday, August 
27, 2002, it will hold a prehearing conference at the Hilton Rye Town, 
699 Westchester Avenue, Rye Brook, New York. The conference will 
convene at 9:00 A.M. and conclude by 1:00 P.M. (no lunch break will be 
taken). The purpose of this prehearing conference is to hear arguments 
on (1) the standing of petitioner Riverkeeper, Inc. to intervene in the 
proceeding; (2) the admissibility of Riverkeeper's petition under 
regulatory standards governing late-filed intervention requests; and 
(3) the admissibility of any proposed contention(s) which Riverkeeper 
may file. This notice sets forth the background developments that led 
to the conference and covers matters related to public attendance and 
document availability.

A. Background

    The issues before the Board in this license amendment proceeding 
relate to the admissibility of a late-filed intervention petition. The 
petition submitted by Riverkeeper challenges the pending application of 
Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Operations, 
Inc. (Entergy), the new operators of Indian Point Nuclear Generation 
Unit No. 2, for a license change that would, in effect, give the 
operators a one-time five-year extension of the period within which to 
conduct the ``containment integrated leak rate'' test that is otherwise 
required every ten years.
    After conducting a review of the application, the NRC Staff issued 
a Federal Register notice (66 FR 44,161, 44,165 (August 22, 2001)) 
seeking public comment on its proposal to make a ``no significant 
hazards'' determination as to the amendment request. The notice also 
provided the opportunity for anyone opposed to the amendment ``whose 
interest may be affected'' thereby to file within 30 days (by September 
21, 2001) a petition to intervene in the proceeding and to request a 
hearing.
    On March 18, 2002, nearly six months after the deadline for 
intervening, Riverkeeper filed a ``Section 2.714 Petition for Leave to 
Intervene and Request for a Hearing.'' Riverkeeper justified its late 
filing, and its concomitant request for a hearing on the proposed 
license amendment, by pointing to the then-recent disclosure in the 
press of the discovery of rusted areas in the reactor containment 
building. The three participants in this proceeding---the petitioner 
Riverkeeper, the licensee Entergy, and the NRC Staff---have each filed 
several pleadings since that time, and are expected to be filing 
additional pleadings before the conference.

B. Public Attendance at Prehearing Conference

    Members of the public are welcome to attend the conference, but are 
advised that this adjudicatory proceeding is open for observation only. 
In other words, oral presentations at the conference will be limited to 
the three organizations listed above, which have undertaken the task of 
full participation in the proceeding.
    In accordance with the policies that govern NRC adjudicatory 
proceedings, members of the public who do attend will be subject to 
security screening, which may involve the use of metal detectors and 
the inspection of briefcases and handbags. Signs, banners, posters, and 
the like are not allowed because they are disruptive to the active 
participants in the proceeding and to other members of the audience.

C. Availability of Documents

    Documents relating to the Entergy Indian Point Nuclear Generating 
Unit No. 2 license amendment application and the Riverkeeper petition 
for intervention at issue in this pretrial conference are now on file 
at the Commission's Public Document Room, 11545 Rockville Pike, 
Rockville, Maryland, 20850, and may also be obtained through ADAMS, the 
electronic Agencywide Documents Access and Management System, 
accessible through the NRC Web site, using the link http://www.nrc.gov/reading-rm/adams.html. Follow the instructions on the Web site to 
download and install the appropriate ADAMS software onto your computer. 
After the installation is complete, read the available online 
instructions on how to search for documents on ADAMS. Documents are 
commonly accessed by using docket numbers. All publicly available 
documents relating to the Indian Point proceeding can be accessed by 
entering 05000247 in the docket field line in the ``ADAMS Find'' menu.

    Dated at Rockville, Maryland, on August 2, 2002.

    For the Atomic Safety and Licensing Board.
Michael C. Farrar,
Chairman, Administrative Judge.
[FR Doc. 02-20083 Filed 8-7-02; 8:45 am]
BILLING CODE 7590-01-P