[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Pages 65963-65964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29106]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-368]


Entergy Operations, Inc., Arkansas Nuclear One, Unit 2; Notice of 
Acceptance for Docketing of the Application and Notice of Opportunity 
for Hearing Regarding Renewal of Facility Operating License No. NPF-6 
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 No. 
NPF-6, which authorize the Entergy Operations, Inc. (Entergy) to 
operate Arkansas Nuclear One, Unit 2, at 3026 megawatts thermal. The 
renewed license would authorize the applicant to operate Arkansas 
Nuclear One, Unit 2, for an additional 20-years beyond the period 
specified in the current license. The current operating license for 
Arkansas Nuclear One, Unit 2, will expire on July 17, 2018.
    On October 15, 2003, the Commission's staff received an application 
from Entergy, filed pursuant to 10 CFR Part 54, to renew the Operating 
License No. NPF-6 for Arkansas Nuclear One, Unit 2. A Notice of Receipt 
and Availability of the license renewal application, ``Entergy 
Operation Inc., Arkansas Nuclear One, Unit 2; Notice of Receipt and 
Availability of Application for Renewal of Facility Operating License 
No. NPF-6 for an Additional 20-Year Period,'' was published in the 
Federal Register on October 24, 2003 (68 FR 61020).
    The Commission's staff has determined that Entergy has submitted 
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 
54.23, and 51.53(c) that is acceptable for docketing. The current 
Docket No. 50-368 for Operating License No. NPF-6, 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 Commission'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. 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 license 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, an on the NRC 
Web site at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/ano-2.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.
    No 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

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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, 20855-2738, 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, and because of 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 at (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. Craig G. Anderson, Vice President, 
Operations ANO, Entergy Operations, Inc., 1448 S. R. 333, Russellville, 
AR 72801.
    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 license for Arkansas Nuclear One, 
Unit 2, is available for public inspection at the Commission's PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20855-2738, and on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/ano-2.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. These 
documents may be accessed through the NRC's Public Electronic Reading 
Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under 
ADAMS accession number ML032890483. If you do not have access to ADAMS 
or if there are problems in accessing the documents located in ADAMS, 
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 is also available to local residents near the Arkansas 
Nuclear One site at the Ross Pendergraft Library and Technology Center 
at the Arkansas Tech University in Russellville, Arkansas.

    Dated at Rockville, Maryland, this the 14th day of November, 
2003.

    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts, Division 
of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 03-29106 Filed 11-21-03; 8:45 am]
BILLING CODE 7590-01-P