[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40064-40065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3680]


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NUCLEAR REGULATORY COMMISSION

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


Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 2 
and 3; Notice of Consideration of Issuance of Amendments to Facility 
Operating License and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of amendments to Facility Operating Licenses No. 
DPR-52 and DPR-68, issued to Tennessee Valley Authority (the 
licensees), for operation of the Browns Ferry Nuclear Plant (BFN) Units 
2 and 3 located in Limestone County, Alabama.
    The proposed amendments would change the BFN, Units 2 and 3 
operating licenses to increase the maximum authorized power level from 
3458 megawatts thermal (MWt) to 3952 MWt. This change represents an 
increase of approximately 15 percent above the current maximum 
authorized power level. The proposed amendments would also change the 
BFN, Units 2 and 3 licensing bases and any associated technical 
specifications for containment overpressure.
    Before issuance of the proposed license amendments, 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 amendments 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 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)(l)-(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, 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

[[Page 40065]]

Summit Hill Drive, Knoxville, Tennessee, 37902, attorney for the 
licensee.
    For further details with respect to this action, see the 
application for amendments dated June 25, 2004, and supplements dated 
February 23 and April 25, 2005, which are 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 in Rockville, Maryland, this 1st day of July, 2005.

    For the Nuclear Regulatory Commission.
Eva A. Brown,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3680 Filed 7-11-05; 8:45 am]
BILLING CODE 7590-01-P