[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Pages 69417-69418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26243]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317 and 50-318]


Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2; Notice of 
Consideration of Issuance of Amendment to Renewed Facility Operating 
License and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Renewed Facility Operating 
License No. DPR-53 and No. DPR-69, issued to Calvert Cliffs Nuclear 
Power Plant, Inc. (the licensee), for operation of the Calvert Cliffs 
Nuclear Power Plant, Unit Nos. 1 and 2 located in Lusby, MD.
    The proposed amendment would revise Technical Specification 3.9.4, 
``Shutdown Cooling (SDC) and Coolant Circulation-High Water Level,'' to 
incorporate the use of an alternate cooling method to function as a 
path for decay heat removal when in Mode 6 with the refueling pool 
fully flooded. The spent fuel pool cooling system is the alternative 
cooling method intended to be used as a substitute for the SDC system 
during the refueling operations, including during fuel movement.
    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.
    Within 60 days after the date of publication of this notice, 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 10 CFR part 2. Interested persons should 
consult a current copy of 10 CFR 2.309, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be 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/doc-collections/cfr/. (Note: Public access to ADAMS has been 
temporarily suspended so that security reviews of publicly available 
documents may be performed and potentially sensitive information 
removed. Please check the NRC Web site for updates on the resumption of 
ADAMS access.) If a request for a hearing or petition for leave to 
intervene is filed by the above date, 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.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner/
requestor in the proceeding, and how that interest may be affected by 
the results of the proceeding. The petition should specifically explain 
the reasons why intervention should be permitted with

[[Page 69418]]

particular reference to the following general requirements: (1) The 
name, address and telephone number of the requestor or petitioner; (2) 
the nature of the requestor's/petitioner's right under the Act to be 
made a party to the proceeding; (3) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (4) 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 identify 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 
petitioner/requestor shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which 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 
petition must include 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 which, if 
proven, would entitle the petitioner/requestor to relief. A petitioner/
requestor who fails to satisfy 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.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
    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 should 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 email to 
[email protected]. A copy of the request for hearing and petition 
for leave to intervene should also be sent to James M. Petro, Jr., 
Esquire, Counsel, Constellation Energy Group, Inc., 750 East Pratt 
Street, 5th floor, Baltimore, MD 21202, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated June 7, 2004, 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]. (Note: Public access to ADAMS has been temporarily 
suspended so that security reviews of publicly available documents may 
be performed and potentially sensitive information removed. Please 
check the NRC Web site for updates on the resumption of ADAMS access.)

    Dated in Rockville, Maryland, this 22nd day of November, 2004.
    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-26243 Filed 11-26-04; 8:45 am]
BILLING CODE 7590-01-P