[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