[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Notices]
[Pages 53626-53627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20845]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-261]


Carolina Power & Light (CP&L), H.B. Robinson Steam Electric 
Plant, Unit No. 2; Notice of Acceptance for Docketing of the 
Application and Notice of Opportunity for a Hearing Regarding Renewal 
of License for an Additional 20-Year Period, Facility Operating License 
No. DPR-23

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering an application for the renewal of Facility Operating 
License No. DPR-23, which authorizes the Carolina Power & Light (CP&L) 
Company to operate the H.B. Robinson Steam Electric Plant (HBRSEP), 
Unit 2, at 2300 megawatts thermal. In this application, HBRSEP, Unit 
No. 2, is referred to as the Robinson Nuclear Plant (RNP). The renewed 
license would authorize the applicant to operate RNP for an additional 
20 years beyond the period specified in the current license. The 
current operating license for RNP expires on July 31, 2010.
    CP&L submitted an application to renew the operating license for 
RNP, on June 17, 2002. A Notice of Receipt of Application, ``Carolina 
Power & Light (CP&L), H.B. Robinson Steam Electric Plant, Unit No. 2; 
Notice of Receipt of Application for Renewal of Facility Operating 
License No. DPR-23 for an Additional 20-Year Period,'' was published in 
the Federal Register on July 18, 2002 (67 FR 47410).
    The NRC staff has determined that CP&L 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 No. 
50-261 for Operating License No. DPR-23, 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 the 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.
    Within 30 days from the date of publication of this Federal 
Register notice, 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.
    The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the last 
sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), regarding 
petitions to intervene and contentions. Those provisions are extant and 
still applicable to petitions to intervene. Those provisions are as 
follows: ``In all other circumstances, such ruling body or officer 
shall, in ruling on--
    (1) A petition for leave to intervene or a request for hearing, 
consider the following factors, among other things: (i) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding. (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding. (iii) The possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a contention 
if: (i) The contention and supporting material fail to satisfy the 
requirements of paragraph (b)(2) of this section; or (ii) The 
contention, if proven, would be of no consequence in the proceeding 
because it would not entitle petitioner to relief.''
    Interested persons should consult a current copy of 10 CFR 2.714, 
which is available at the Commission's Public Document Room, located at 
One White Flint North, 11555 Rockville Pike (first floor) Rockville, 
Maryland, and on the NRC Web site at http://www.nrc.gov (the Public 
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 51 and 54, 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

[[Page 53627]]

matters that may be considered pursuant to 10 CFR parts 51 and 54. The 
petition must 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 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, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, by the above date. Because of the 
continuing disruptions in delivery of mail to United States Government 
offices, it is requested that petitions for leave to intervene and 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101 or by e-mail 
to [email protected]. A copy of the request for leave to intervene 
and request for hearing should also be sent to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and because of continuing disruptions in delivery of mail 
to United States Government offices, it is requested that copies be 
transmitted either by means of facsimile transmission to 301-415-3725 
or by e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent to Mr. 
John Moyer, Vice President, H. B. Robinson Steam Electric Plant, 
Carolina Power and Light Company, 3581 West Entrance Road, Hartsville, 
SC 29550.
    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 is available for public inspection at the 
Commission's Public Document Room, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland, or on the NRC 
Web site from the NRC's Agencywide Documents Access and Management 
System (ADAMS). The ADAMS Public Electronic Reading Room is accessible 
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The 
staff has verified that a copy of the license renewal application for 
the RNP is also available to local residents at the Hartsville Memorial 
Library, in Hartsville, SC.

    Dated at Rockville, Maryland, this 12th day of August, 2002.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts Program, 
Division of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 02-20845 Filed 8-15-02; 8:45 am]
BILLING CODE 7590-01-P