[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11897-11898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5599]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-336 and 50-423]


Dominion Nuclear Connecticut, Inc., Millstone Power Station, 
Units 2 and 3; Notice of Acceptance for Docketing of the Applications 
and Notice of Opportunity for Hearing Regarding Renewal of Facility 
Operating License Nos. DPR-65 AND NPF-49 for an Additional 20-Year 
Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering applications for the renewal of Operating License Nos. DPR-
65 and NPF-49, which authorize the Dominion Nuclear Connecticut, Inc., 
to operate the Millstone Power Station at 2700 megawatts thermal for 
Unit 2 and at 3411 megawatts thermal for Unit 3, respectively. The 
renewed licenses would authorize the applicant to operate Millstone 
Power Station, Units 2 and 3, for an additional 20-years beyond the 
period specified in the current licenses. The current operating license 
for the Millstone Unit 2 (DRP-65) expires on July 31, 2015; the current 
operating license for Millstone Unit 3 expires on November 25, 2025.
    On January 22, 2004, the Commission's staff received applications 
from Dominion Nuclear Connecticut, Inc. filed pursuant to 10 CFR Part 
54, to renew the Operating License Nos. DPR-65 and NPF-49 for Millstone 
Power Station, Units 2 and 3, respectively. A Notice of Receipt and 
Availability of the license renewal applications, ``Dominion Nuclear 
Connecticut, Inc., Notice of Receipt and Availability of Application 
for Renewal of Millstone Power Station, Units 2 and 3, Facility 
Operating License Nos. DPR-65 and NPF-49 for Additional 20-Year 
Period,'' was published in the Federal Register on February 3, 2004 (69 
FR 5197).
    The Commission's staff has determined that Dominion Nuclear 
Connecticut, Inc. 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. 50-336 and 50-423 for Operating 
License Nos. DPR-65 and NPF-49, respectively, will be retained. The 
docketing of the renewal applications 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 will be included in a future Federal Register 
notice.
    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 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's PDR reference staff at 1-800-397-4209, 
or by e-mail 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.

[[Page 11898]]

    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 Atomic Energy 
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 applications contain attachments and 
supporting documents that are not publically 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 and 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:
    1. Technical--primarily concerns/issues relating to technical and/
or health and safety matters discussed or referenced in the applicant's 
safety analysis for the Millstone Power Station Unit 2 and Unit 3 
license renewal applications.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the license 
renewal applications.
    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 
at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the 
NRC's Web page. Copies of the applications to renew the operating 
licenses for Millstone Power Station, Units 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 on the NRC's Web page at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.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 ML0402701666. 
Persons who do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS may contact the NRC Public 
Document Room 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 
applications is also available to local residents near the Millstone 
Power Station at the Waterford Public Library, 49 Rope Ferry Road, 
Waterford, Connecticut 06385-2806, and at the Three Rivers Community 
College, Thames River Campus, 574 New London Turnpike, Norwich, 
Connecticut 06360.

    Dated at Rockville, Maryland, this 8th 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. 04-5599 Filed 3-11-04; 8:45 am]
BILLING CODE 7590-01-P