[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13139-13142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5033]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400]
Notice of Opportunity for Hearing, and Notice of Intent To
Prepare an Environmental Impact Statement and Conduct the Scoping
Process for Facility Operating License No. NPF-63 for an Additional 20-
Year Period Carolina Power & Light Company Shearon Harris Nuclear Power
Plant, Unit 1
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating license NPF-63,
which authorizes the Carolina Power & Light Company (CP&L), doing
business as Progress Energy Carolinas, Inc., to operate the Shearon
Harris Nuclear Power Plant, (HNP), Unit 1, at 2900 megawatts thermal.
The renewed license would authorize the applicant to operate the HNP,
Unit 1, for an additional 20 years beyond the period specified in the
current license. HNP, Unit 1, is located in Wake County, North
Carolina, and its current operating license expires on October 24,
2026.
On November 16, 2006, the Commission's staff received an
application from CP&L to renew operating license NPF-63 for HNP, Unit
1, pursuant to Title 10 of the Code of Federal Regulations, Part 54 (10
CFR Part 54). A notice of receipt and availability of the license
renewal application (LRA) was published in the Federal Register on
December 11, 2006 (71 FR 71586). A notice of acceptance for docketing
of the application for renewal of the facility operating license was
published in the Federal Register on January 12, 2007, (72 FR 1562).
The license renewal process proceeds along two tracks, one for
review of safety issues (10 CFR Part 54) and another for environmental
issues (10 CFR Part 51). An applicant must provide the NRC an
evaluation that addresses the technical aspects of plant aging and
describes the aging management programs and activities that will be
relied on to manage aging. In addition, to support plant operation for
the additional 20 years, the licensee must prepare an evaluation of the
potential impact on the environment. The NRC reviews the application,
documents its reviews in a safety evaluation report and supplemental
environmental impact statement, and performs verification inspections
at the applicant's facilities. If the NRC approves a renewed license,
the licensee must continue to comply with all existing regulations and
commitments associated with the current operating license as well as
those additional activities required as a result of license renewal.
The licensee's activities continue to be subject to NRC oversight in
the period of extended operation.
Before issuance of the 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 may issue a renewed license on the basis of
its review if it finds that actions have been
[[Page 13140]]
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
will comply with the Act and the Commission's regulations. In addition,
the Commission must find that applicable requirements of Subpart A of
10 CFR Part 51 have been satisfied, and that matters raised under 10
CFR 2.335 have been addressed.
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for a hearing or a petition for leave to
intervene with respect to the renewal of the license. Interested
parties must file requests for a hearing or a petition for leave to
intervene in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings and Issuance of Orders'' described in 10
CFR Part 2. Those interested 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,
Rockville, Maryland 20852 and is accessible through the Internet at
http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0309.html. Persons who do not have access to the Internet or who
encounter problems in accessing the documents should contact the NRC's
PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or
via e-mail at [email protected]. If a request for a hearing or a 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 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. If no request
for a hearing or 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: (1) The requester/petitioner's
right under the Act to be made a party to the proceeding; (2) the
nature and extent of the requester/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
requester/petitioner's interest. The petition must also set forth the
specific contentions that the petitioner/requester 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
requester/petitioner shall briefly explain the bases of each contention
and concisely state the alleged facts or the expert opinion that
supports the contention on which the requester/petitioner intends to
rely in proving the contention at the hearing. The requester/petitioner
must also provide references to those specific sources and documents of
which the requester/petitioner is aware and on which the requester/
petitioner intends to rely to establish those facts or expert opinion.
The requester/petitioner must provide 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 action under consideration. The contention must be one that, if
proven, would entitle the requester/petitioner to relief. A requester/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
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 requesters/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requesters/petitioners must jointly designate a
representative who shall have the authority to act for the requesters/
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 either: (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 to
the 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:
Rulemaking and Adjudications Staff at 301-415-1101 (verification number
is 301-415-1966).\1\ Requesters/petitioners must send a copy of the
request for hearing and petition for leave to intervene to the Office
of the General Counsel, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001; copies should be transmitted either by facsimile to 301-
415-3725 or via e-mail to [email protected]. Requesters/petitioners
must also send a copy of the request for hearing and petition for leave
to intervene to the attorney for the licensee, Mr. John H. O'Neil, Jr.,
Pillsbury Winthrop Shaw Pittman, 2300 N Street, NW., Washington, DC
20037.
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\1\ 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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Untimely 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(c)(1)(i) through (viii).
In addition, this notice informs the public that the NRC will be
preparing an environmental impact statement (EIS) related to the review
of the LRA and provides the public an opportunity to participate in the
environmental scoping process, as defined in 10 CFR 51.29. In
accordance with 10 CFR
[[Page 13141]]
51.95(c), the NRC will prepare an EIS that will be used as a supplement
to the Commission's NUREG-1437, ``Generic Environmental Impact
Statement for License Renewal of Nuclear Plants'' (GEIS), dated May
1996. Pursuant to 10 CFR 51.26, and as part of the environmental
scoping process, the NRC staff intends to hold a public scoping
meeting. In addition, as outlined in 36 CFR 800.8(c), ``Coordination
with the National Environmental Policy Act,'' the NRC plans to
coordinate compliance with Section 106 of the National Historic
Preservation Act in meeting the requirements of the National
Environmental Policy Act of 1969 (NEPA).
In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, CP&L prepared
and submitted the environmental report (ER) as part of the LRA. The LRA
and the ER are publicly available at the NRC's PDR, located at One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or
from ADAMS. The ADAMS Accession Numbers for the LRA and the ER are
ML063350270 and ML063350276, respectively. The public may also view the
LRA and the ER on the Internet at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. In addition, the LRA and
the ER are available to the public near HNP, Unit 1, at the Eva. H.
Perry Library, 2100 Shepherd's Vineyard Drive, Apex, North Carolina
27502.
Alternatives to the proposed action include no action and
reasonable alternative energy sources. The NRC is required by 10 CFR
51.95(c) to prepare a supplement to the GEIS in connection with the
renewal of an operating license. This notice is being published in
accordance with 10 CFR 51.26.
The NRC staff will first conduct a scoping process for the
supplement to the GEIS and, as soon as practicable thereafter, will
prepare a draft supplement to the GEIS for public comment.
Participation in the scoping process by members of the public and
local, State, tribal, and Federal Government agencies is encouraged. As
described in 10 CFR 51.29, the NRC staff will use the scoping process
for the supplement to the GEIS to accomplish the following:
a. Define the proposed action which is to be the subject of the
supplement to the GEIS.
b. Determine the scope of the supplement to the GEIS and identify
the significant issues to be analyzed in depth.
c. Identify and eliminate from detailed study those issues that are
peripheral or insignificant.
d. Identify any environmental assessments and other ElSs that are
being or will be prepared that are related to, but are not part of, the
scope of the supplement to this GEIS.
e. Identify other environmental review and consultation
requirements related to the proposed action.
f. Indicate the relationship between the timing of the preparation
of the environmental analyses and the Commission's tentative planning
and decision-making schedule.
g. Identify any cooperating agencies and, as appropriate, allocate
assignments for preparation and schedules for completing the supplement
to the GEIS to the NRC and any cooperating agencies.
h. Describe how the NRC will prepare the supplement to the GEIS and
any contractor assistance to be used.
The NRC invites the following entities to participate in scoping:
a. The applicant, CP&L.
b. Any Federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved, or that is
authorized to develop and enforce relevant environmental standards.
c. Affected State and local government agencies, including those
authorized to develop and enforce relevant environmental standards.
d. Any affected Indian tribe.
e. Any person who requests or has requested an opportunity to
participate in the scoping process.
f. Any person who has petitioned or intends to petition for leave
to intervene.
In accordance with 10 CFR 51.26, the scoping process for an EIS may
include a public scoping meeting to help identify significant issues
related to a proposed activity and to determine the scope of issues to
be addressed in an EIS. The NRC will hold public meetings for the HNP,
Unit 1, license renewal supplement to the GEIS, at the New Horizons
Fellowship, 820 East Williams St., Apex, North Carolina 27502 on
Wednesday, April 18, 2007. There will be two identical meetings to
accommodate interested parties. The first meeting will convene at 1:30
p.m. and will continue until 4:30 p.m., as necessary. The second
meeting will convene at 7 p.m. and will continue until 10 p.m., as
necessary. Both meetings will be transcribed and will include: (1) An
overview by the NRC staff of the NRC's license renewal review process;
(2) an overview by the NRC staff of the NEPA environmental review
process, the proposed scope of the supplement to the GEIS, and the
proposed review schedule; and (3) the opportunity for interested
government agencies, organizations, and individuals to submit comments
or suggestions on the environmental issues or the proposed scope of the
supplement to the GEIS. Additionally, the NRC staff will host informal
discussions 1 hour before the start of each session at the same
location. The staff will not accept formal comments on the proposed
scope of the supplement to the GEIS during these informal discussions.
For comments to be considered, persons must provide them either at the
transcribed public meetings or in writing, as discussed below.
For more information about the proposed action, the scoping
process, and the EIS, interested persons should contact the NRC
Environmental Project Manager, Mr. Samuel Hernandez, at Mail Stop O-
11F1, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike,
Rockville, Maryland 20852; by telephone at 1-800-368-5642, extension
4049; or via e-mail at [email protected]. Persons may register to attend or
present oral comments at the meetings on the scope of the NEPA review
by contacting Mr. Hernandez. Members of the public may also register to
speak at the meeting within 15 minutes of the start of each meeting.
Individual oral comments may be limited by the time available,
depending on the number of persons who register. Members of the public
who have not registered may also have an opportunity to speak, if time
permits. The NRC will consider public comments in the scoping process
for the supplement to the GEIS. If members of the public need special
equipment or accommodations to attend or present information at the
public meeting, they should contact Mr. Hernandez no later than April
11, 2007, so that the NRC staff can determine if it can accommodate the
request.
Members of the public may send written comments on the
environmental scope of the HNP, Unit 1, license renewal review to:
Chief, Rules and Directives Branch, Division of Administrative
Services, Office of Administration, Mail Stop T-6D59, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and should cite the
publication date and page number of this Federal Register notice. The
public may also deliver comments to the U.S. Nuclear Regulatory
Commission, Mail Stop T-6D59, Two White Flint North, 11545 Rockville
Pike, Rockville, Maryland 20852, from 7:30 a.m. to 4:15 p.m. during
Federal workdays. To be considered in the scoping process, written
comments should be postmarked within 60 days after the
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date of publication of this Federal Register Notice. Electronic
comments may be sent by e-mail to the NRC at [email protected],
and should be sent no later than 60 days after the date of publication
of this Federal Register Notice, to be considered in the scoping
process. Comments will be available electronically and accessible
through ADAMS.
Participation in the scoping process for the supplement to the GEIS
does not entitle participants to become parties to the proceeding to
which the supplement to the GEIS relates. Matters related to
participation in any hearing are outside the scope of matters to be
discussed at this public meeting.
At the conclusion of the scoping process, the NRC will prepare a
concise summary of the determination and conclusions reached, including
the significant issues identified, and will send a copy of the summary
to each participant in the scoping process. The public may also view
the summary in ADAMS. The staff will then prepare and issue for comment
the draft supplement to the GEIS, which will be the subject of separate
notices and separate public meetings. Copies will be available for
public viewing at the above-mentioned addresses, and one copy per
request will be provided free of charge, to the extent of supply. After
receipt and consideration of the comments, the NRC will prepare a final
supplement to the GEIS, which will also be available for public
viewing.
Information about the supplement to the GEIS, and the scoping
process may be obtained from Mr. Hernandez at the telephone number or
e-mail address given previously.
Dated at Rockville, Maryland, this 14th day of March, 2007.
For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E7-5033 Filed 3-19-07; 8:45 am]
BILLING CODE 7590-01-P