[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Notices]
[Pages 43631-43633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16531]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-220 and 50-410]


Constellation Energy Group, Nine Mile Point Nuclear Station, 
Units 1 and 2; Notice of Acceptance for Docketing of the Application 
and Notice of Opportunity for Hearing Regarding Renewal of Facility 
Operating license Nos. DPR-63 and NPF-69 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-
63 and NPF-69, which authorize the Constellation Energy Group Inc., to 
operate the Nine Mile Point Nuclear Station, Units 1 and 2 at 1850 
megawatts thermal for Unit 1 and 3467 megawatts thermal for Unit 2. The 
renewed licenses would authorize the applicant to operate the Nine Mile 
Point Nuclear Station, Units 1 and 2, for an additional 20 years beyond 
the period specified in the current licenses. The current operating 
license for the Nine Mile Point Nuclear Station, Unit 1 expires on 
August 22, 2009, and the current operating license for the Nine Mile 
Point Nuclear Station, Unit 2 expires on October 31, 2026.
    The Commission's staff has received an application dated May 26, 
2004, from Constellation Energy Group Inc., pursuant to 10 CFR Part 54, 
to renew the Operating License Nos. DPR-63 and NPF-69 for Nine Mile 
Point Nuclear Station, Units 1 and 2, respectively. A Notice of Receipt 
and Availability of the license renewal application, ``Constellation 
Energy Group; Nine Mile Point Nuclear Station, Units 1 and 2; Notice of 
Receipt and Availability of Application for Renewal Facility Operating 
License Nos. DPR-63 and NPF-69 for an Additional 20-Year Period,'' was 
published in the Federal Register on June 8, 2004 (69 FR 32069).
    The Commission's staff has determined that Constellation Energy 
Group 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. 50-220 and 50-410 for Operating 
License Nos. DPR-63 and NPF-69, 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

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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 the subject of a separate Federal 
Register notice.
    Within 60 days after the date of publication of this Federal 
Register notice, the requestor/petitioner 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 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.
    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 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 and all like subject-
matters shall be grouped together:
    1. Technical--primarily concerns issues relating to technical and/
or health and safety matters discussed or referenced in the Nine Mile 
Nuclear Station, Units 1 and 2 safety analysis for the application 
(including issues related to emergency planning and physical security 
to the extent that such matters are discussed or referenced in the 
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 or propose substantially the same 
contention, the requestors/petitioners will be required to jointly 
designate a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention within ten (10) 
days after advised of such 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,

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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. Attorney for the 
Applicant: David R. Lewis, Esq., Shaw Pittman, 2300 N Street, NW., 
Washington, DC 20037.
    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 website. Copies of the 
application to renew the operating licenses for the Nine Mile Point 
Nuclear Station, Units 1 and 2, are 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 at http://www.nrc.gov/reactors/operating/licensing/renewal/applications the NRC's 
website 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 ML041490211. 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 Nine Mile 
Point Nuclear Station at the Penfield Library (Selective Depository), 
Reference and Documents Department, State University of New York, 
Oswego, New York 13126.

    Dated in Rockville, Maryland, this the 15th day of July 2004.

    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. 04-16531 Filed 7-20-04; 8:45 am]
BILLING CODE 7590-01-P