[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39803-39804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3633]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-259]


Tennessee Valley Authority; Browns Ferry Nuclear Plant, Unit 1; 
Notice of Consideration of Issuance of Amendment to Facility Operating 
License and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-33, issued to Tennessee Valley Authority (the licensee), for 
operation of the Browns Ferry Nuclear Plant (BFN), Unit 1, located in 
Limestone County, Alabama.
    The proposed amendment would change the BFN, Unit 1, operating 
license to increase the maximum authorized power level from 3293 
megawatts thermal (MWt) to 3952 MWt. This change represents an increase 
of approximately 20 percent above the current maximum authorized power 
level. The proposed amendment would also change the BFN, Unit 1, 
licensing bases and any associated Technical Specifications for 
containment overpressure, the maximum ultimate heat sink temperature, 
and the upper bound peak cladding temperature.
    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

[[Page 39804]]

Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested persons 
should consult current copies of 10 CFR 2.309, 2.304, and 2.305, which 
are available at the Commission's Public Document Room (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/. If a request 
for a hearing and 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 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 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 in 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 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 and 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, or 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, 20555-0001, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A request for hearing and petition for leave 
to intervene need not comply with 10 CFR 2.304(b)(c) and (d) if an 
original and two copies otherwise complying with the requirements of 
that section are mailed within two (2) days after filing by e-mail or 
facsimile transmission to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff. 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 e-mail to 
[email protected]. A copy of the request for hearing and petition 
for leave to intervene should also be sent to General Counsel, 
Tennessee Valley Authority, ET 11A, 400 West Summit Hill Drive, 
Knoxville, Tennessee, 37902, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated June 28, 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 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 29th day of June, 2005.

    For the Nuclear Regulatory Commission.
Margaret H. Chernoff,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3633 Filed 7-8-05; 8:45 am]
BILLING CODE 7590-01-P