[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54585-54586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5024]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]
American Energy Company, LLC Oyster Creek Nuclear Generating
Station; Notice of Acceptance for Docketing of the Application and
Notice of Opportunity for Hearing Regarding Renewal of Facility
Operating License No. DRP-16 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 No. DPR-
16, which authorizes the AmerGen Energy Company, LLC, to operate the
Oyster Creek Nuclear Generating Station at 1930 megawatts (MWt)
thermal. The renewed license would authorize the applicant to operate
the Oyster Creek Nuclear Generating Station for an additional 20 years
beyond the period specified in the current license. The current
Operating License for the Oyster Creek Nuclear Generating Station
expires on April 9, 2009.
The Commission's staff has received an application dated July 22,
2005, from AmerGen Energy Company, LLC, pursuant to 10 CFR Part 54, to
renew the operating license number DPR-16 for Oyster Creek Nuclear
Generating Station. A Notice of Receipt and Availability of the license
renewal application, ``AmerGen Energy Company, LLC; Oyster Creek
Nuclear Generating Station; Notice of Receipt and Availability of
Application for Renewal Facility Operating License No. DPR-16 for an
Additional 20-Year Period,'' was published in the Federal Register on
August 4, 2005 (70 FR 44940).
The Commission's staff has determined that AmerGen Energy Company,
LLC 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 No. 50-219 for Operating License No. DPR-
16 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 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
license 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 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 (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 by telephone at 1-800-397-4209, or by e-mail
at [email protected]. If a request for a hearing/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/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/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 license 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 the 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
[[Page 54586]]
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
protection order.
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The Commission requests that each contention be given a separate
numeric or alpha designation within one of the following groups: (1)
Technical (primarily related to safety concerns); (2) environmental; or
(3) miscellaneous.
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.
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. 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.\2\ 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
applicant, Kathryn M. Sutton, Esquire, Morgan, Lewis, & Bockius LLP,
1111 Pennsylvania Avenue, NW., Washington, DC, 20004.
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\2\ If the request/petition is filed by e-mail or facsimile, an
original and two copies of the document must be mailed within 2
(two) business days thereafter to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; Attention:
Rulemaking and Adjudications Staff.
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Non-timely 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 Web site. Copies of the
application to renew the operating license for Oyster Creek Nuclear
Generating Station 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.html, the
NRC's Web site 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 ML052080172. 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 by
telephone 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 Oyster Creek
Nuclear Generating Station at the Lacey Public Library, 10 East Lacey
Road, Forked River, NJ 08731.
Dated at Rockville, Maryland, this 9th day of September, 2005.
For the Nuclear Regulatory Commission.
Samson S. Lee,
Acting Program Director, License Renewal and Environmental Impacts
Program, Division of Regulatory Improvement Programs, Office of Nuclear
Reactor Regulation.
[FR Doc. E5-5024 Filed 9-14-05; 8:45 am]
BILLING CODE 7590-01-P