[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5590-5591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2485]
[[Page 5590]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-382]
Entergy Operations, Inc.; Notice of Consideration of Issuance of
Amendment to Facility Operating License and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-38, issued to Entergy Operations, Inc. (the licensee), for
operation of the Waterford Steam Electric Station, Unit 3, located in
St. Charles Parish, Louisiana.
The proposed amendment would increase the maximum authorized power
level from 3441 megawatts thermal (MWt) to 3716 MWt. This change
represents an increase of approximately 8 percent above the current
licensed power. The proposed amendment would also change the operating
license and the technical specifications appended to the operating
license to provide for implementing uprated power operation.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
By March 8, 2004, the licensee may file a request for a hearing
with respect to issuance of the amendment to the subject facility
operating license, 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. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Rules of
Practice for Domestic Licensing Proceedings'' in Title 10 of the Code
of Federal Regulations (10 CFR) part 2. 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, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland, or electronically on the Internet at the NRC Web
site http://www.nrc.gov/reading-rm/doc-collections/cfr. If there are
problems in accessing the document, contact the PDR Reference staff at
1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. If a request
for a hearing or 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 and/or petition; and
the Secretary or the designated Atomic Safety and Licensing Board will
issue a notice of hearing or an appropriate order.
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. 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 prior to 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 prior to 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 expert opinion that support
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 amendment 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.
A request for a hearing and 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 Commission's PDR,
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland, by the above date.
Because of 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 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 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 N.S. Reynolds, Esquire, Winston & Strawn, 1400 L Street NW.,
Washington, DC 20037-1128, attorney for the licensee.
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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in
[[Page 5591]]
accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated November 13, 2003, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].
Dated at Rockville, Maryland, this 28th day of January 2004.
For the Nuclear Regulatory Commission.
Nageswaran Kalyanam,
Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-2485 Filed 2-4-04; 8:45 am]
BILLING CODE 7590-01-P