[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Notices]
[Pages 11460-11462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5340]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-259, 50-260, and 50-296]


Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 
2 and 3; Notice of Acceptance for Docketing of the Application and 
Notice of Opportunity for Hearing Regarding Renewal of Facility 
Operating License Nos. DPR-33, DPR-52, and DPR-68 for an Additional 20-
Year Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering application for the renewal of Operating License Nos. DPR-
33, DPR-52, and DPR-68, which authorize the Tennessee Valley

[[Page 11461]]

Authority (TVA) to operate the Browns Ferry Nuclear Plant at 3293 
megawatts thermal for Unit 1, 3458 megawatts thermal for Unit 2, and 
3458 megawatts thermal for Unit 3. The renewed licenses would authorize 
the applicant to operate Browns Ferry Nuclear Plant, Units 1, 2 and 3 
for an additional 20 years beyond the period specified in the current 
licenses. The current operating license for the Browns Ferry Nuclear 
Plant Unit 1 expires on December 20, 2013, the current operating 
license for Browns Ferry Nuclear Plant Unit 2 expires on June 28, 2014, 
and the current operating license for Browns Ferry Nuclear Plant Unit 3 
expires on July 2, 2016.
    On January 6, 2004, the Commission's staff received an application 
from TVA filed pursuant to 10 CFR part 54, to renew the Operating 
License Nos. DPR-33, DPR-52, and DPR-68 for Browns Ferry Nuclear Plant, 
Units 1, 2 and 3, respectively. A notice of receipt and availability of 
the license renewal application, ``TVA; Notice of Receipt and 
Availability of Application for Renewal of Browns Ferry Nuclear Plant, 
Units 1, 2 and 3, Facility Operating License Nos. DPR-33, DPR-52, and 
DPR-68 for Additional 20-Year Period,'' was published in the Federal 
Register on January 13, 2004 (69 FR 2012).
    The Commission's staff has determined that TVA 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 Nos. 50-259, 50-260, and 50-296 for Operating License Nos. DPR-
33, DPR-52, and DPR-68, respectively, 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 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 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 
licenses 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 is included in a Federal Register notice also 
published today.
    Within 60 days after 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. 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 10 CFR part 2. Interested persons should consult a current copy of 
10 CFR 2.309, which is available at the Commission's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852 and is accessible from the 
Agencywide Documents Access and Management System's (ADAMS) Public 
Electronic Reading Room on the Internet at 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's PDR reference staff at 1-800-397-4209, or by email at 
[email protected]. If a request for a hearing or a petition for leave to 
intervene is filed within the 60-day period, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order. In the event 
that no request for a hearing or petition for leave to intervene is 
filed within the 60-day period, 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 2.309, 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 requestor's/petitioner's right under the Act to be made a 
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding; 
and (3) the possible effect of any decision or order which may be 
entered in the proceeding on the requestor's/petitioner's interest. The 
petition must also set forth the specific contentions which the 
petitioner/requestor seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/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 on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact.\1\ 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 requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
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    \1\ To the extent that the application contains attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel to discuss the need for a 
protective order.
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    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:

[[Page 11462]]

    1. Technical--primarily concerns/issues relating to technical 
health and safety matters discussed or referenced in the Browns Ferry 
Nuclear Plants Units 1, 2 and 3 license renewal application.
    2. Environmental--primarily concerns/issues relating to matters 
discussed or referenced in the Environmental Report for the license 
renewal application.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention, the requestors/petitioners shall 
jointly designate a representative who shall have the authority to act 
for the requestors/petitioners with respect to that contention. If a 
requestor/petitioner seeks to adopt the contention of another 
sponsoring requestor/petitioner, the requestor/petitioner who seeks to 
adopt the contention must either agree that the sponsoring requestor/
petitioner shall act as the representative with respect to that 
contention, or jointly designate with the sponsoring requestor/
petitioner a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention.
    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 participate fully in the conduct 
of the hearing. A request for a hearing or a petition for leave to 
intervene must be filed by: (1) First class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; (2) courier, express mail, and expedited delivery 
services: Office of the Secretary, Sixteenth Floor, One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: 
Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office 
of the Secretary, U.S. Nuclear Regulatory Commission, 
[email protected]; or (4) facsimile transmission addressed to the 
Office of the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-
415-1101, verification number is 301-415-1966. A copy of the request 
for hearing and petition for leave to intervene must also be sent to 
the Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and 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 the 
attorney for the licensee.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer or the Atomic Safety and Licensing Board that the petition, 
request and/or contentions should be granted based on a balancing of 
the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    Detailed information about the license renewal process can be found 
under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web page. Copies of the 
application to renew the operating licenses for Browns Ferry Nuclear 
Plant, Units 1, 2 and 3, are 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 at http://www.nrc.gov/reactors/operating/licensing/renewal/applications/brownsferry.html the NRC's Web page 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 ML040060355. Persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, may 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 Browns Ferry 
Nuclear Plant at the Athens-Limestone Public Library, at 405 E. South 
Street, Athens, Alabama 35611.

    Dated in Rockville, Maryland, this the 4th day of March, 2004.
    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. 04-5340 Filed 3-9-04; 8:45 am]
BILLING CODE 7590-01-P