[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Pages 62640-62641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27803]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 and 50-364]


Southern Nuclear Operating Company (SNC), Joseph M. Farley 
Nuclear Plant, Units 1 and 2; Notice of Opportunity for Hearing 
Regarding the Application for Renewal of Facility Operating License 
Nos. NPF-2 and NPF-8 for an Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Operating License Nos. 
NPF-2 and NPF-8, which authorize the Southern Nuclear Operating Company 
(SNC) to operate Joseph M. Farley Nuclear Plant, Units 1 and 2, at 2775 
megawatts thermal for each unit. The renewed licenses would authorize 
the applicant to operate Farley Nuclear Plant, Units 1 and 2, for an 
additional 20 years beyond the period specified in the current 
licenses. The current operating licenses for Joseph M. Farley Nuclear 
Plant, Units 1 and 2, will expire on June 25, 2017, and March 31, 2021, 
respectively.
    On September 15, 2003, the Commission's staff received an 
application from the SNC, filed pursuant to 10 CFR part 54, to renew 
the Operating License Nos. NPF-2 and NPF-8 for Joseph M. Farley Nuclear 
Plant, Units 1 and 2, respectively. A Notice of Receipt and 
Availability of the license renewal application, ``Southern Nuclear 
Operating Company, Joseph M. Farley Nuclear Plant; Notice of Receipt 
and Availability of Application for Renewal of Facility Operating 
License Nos. NPF-2 and NPF-8 for an Additional 20-Year Period,'' was 
published in the Federal Register on October 6, 2003 (68 FR 57715).
    The Commission's staff determined that SNC had submitted 
information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 
51.53(c) that is acceptable for docketing. ``Southern Nuclear Operating 
Company (SNC), Joseph M. Farley Nuclear Plant, Units 1 and 2; Notice of 
Acceptance for Docketing of the Application Regarding Renewal of 
Facility Operating License Nos. NPF-2 and NPF-8 for an Additional 20-
Year Period,'' was published in the Federal Register on October 30, 
2003 (68 FR 61835).
    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,'' dated 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. 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. Interested persons should consult a current 
copy of 10 CFR 2.714, which is available at the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, and on the NRC Web site at 
http://www.nrc.gov/reading-rm.html. 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 (ASLB) designated by 
the Commission or by the Chairman of the ASLB Panel will rule on the 
request(s) and/or petition(s), and the Secretary or the designated ASLB 
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 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,

[[Page 62641]]

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 it may be delivered to the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland 20852-2738, 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 
hearing and the petition for leave to intervene should also be sent to 
the Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Again, because of the continuing disruptions 
in delivery of mail to the 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. J.B. Beasley, Jr., Vice President, Southern 
Nuclear Operating Company, P.O. Box 1295, Birmingham, Alabama 35201.
    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 ASLB 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 on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal.html.
    A copy of the application to renew the operating licenses for 
Joseph M. Farley Nuclear Plant, Units 1 and 2, is available for public 
inspection at the Commission's PDR, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, and 
on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/farley.html while the application is 
under review. The NRC maintains an Agencywide Documents Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. A copy of the application to renew the operating 
licenses for Joseph M. Farley Nuclear Plant, Units 1 and 2, is also 
available electronically through the NRC's Electronic Reading Room on 
the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS 
Accession Number ML032721356. Persons who do not have access to ADAMS, 
or who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC Public Document Room (PDR) Reference staff at 1-
800-397-4209, 301-415-4737 or by e-mail to [email protected].
    The staff has verified that a copy of the license renewal 
application for the Joseph M. Farley Nuclear Plant, Units 1 and 2, is 
also available to local residents near the Farley Nuclear Plant at the 
Houston Love Memorial Library, 212 West Burdeshaw Street, Dothan, 
Alabama 36303-4421.

    Dated at Rockville, Maryland, this 30th day of October, 2003.

    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. 03-27803 Filed 11-4-03; 8:45 am]
BILLING CODE 7590-01-P