[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Notices]
[Pages 42134-42135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14864]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-247 and 50-286]
Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating
Unit Nos. 2 and 3; Notice of Acceptance for Docketing of the
Application and Notice of Opportunity for Hearing Regarding Renewal of
Facility Operating License Nos. DPR-26 and DPR-64 for an Additional 20-
Year Period
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of Operating License Nos.
DPR-26 and DPR-64, which authorize Entergy Nuclear Operations, Inc., to
operate Indian Point Nuclear Generating Unit Nos. 2 and 3,
respectively, at 3216 megawatts thermal (MWt) for each unit. The
renewed licenses would authorize the applicant to operate Indian Point
Nuclear Generating Unit Nos. 2 and 3 for an additional 20 years beyond
the period specified in the current licenses. The current operating
licenses for Indian Point Nuclear Generating Unit Nos. 2 and 3 expire
on September 9, 2013, and December 12, 2015, respectively.
Entergy Nuclear Operations, Inc. submitted the application dated
April 23, 2007, as supplemented by letters dated May 3, 2007, and June
21, 2007, pursuant to 10 CFR Part 54, to renew Operating License Nos.
DPR-26 and DPR-64 for Indian Point Nuclear Generating Unit Nos. 2 and
3, respectively. A Notice of Receipt and Availability of the license
renewal application (LRA), ``Entergy Nuclear Operations, Inc.; Notice
of Receipt and Availability of Application for Renewal of Indian Point
Nuclear Generating Unit Nos. 2 and 3; Facility Operating Licenses Nos.
DPR-26 and DPR-64 for an Additional 20-Year Period,'' was published in
the Federal Register on May 11, 2007 (72 FR 26850).
The Commission's staff has determined that Entergy Nuclear
Operations, Inc. has submitted sufficient information in accordance
with 10 CFR Sections 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c) to
enable the staff to undertake a review of the application, and the
application is therefore acceptable for docketing. The current Docket
Nos. 50-247 and 50-286 for Operating License Nos. DPR-26 and DPR-64,
respectively, will be retained. The determination to accept the license
renewal application for docketing does not constitute a determination
that a renewed license should be issued, and does not preclude the NRC
staff from requesting additional information as the review proceeds.
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 may 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. In
considering the license renewal application, the Commission must find
that the applicable requirements of Subpart A of 10 CFR Part 51 have
been satisfied. 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 the environmental
scoping meeting will be the subject of a separate Federal Register
notice.
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 wishes 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. Requests for a
hearing or petitions for leave to intervene must 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 NRC's 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 301-415-4737, 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 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. In the event that 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
[[Page 42135]]
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 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
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 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
protective 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 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: 301-415-1966).\2\ A copy of the request for hearing or 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 or petition
for leave to intervene should also be sent to the Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White
Plains, NY 10601.
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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 licenses for Indian Point Nuclear
Generating Unit Nos. 2 and 3, 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 application
may be accessed in ADAMS through the NRC's Public Electronic Reading
Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under
ADAMS Accession Numbers ML071210507, ML071280700, and ML071800318. As
stated above, 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 or 301-415-4737, or by e-mail to [email protected].
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near Indian Point
Nuclear Generating Unit Nos. 2 and 3 at the White Plains Public
Library, 100 Martine Avenue, White Plains, NY 10601; the Field Library,
4 Nelson Avenue, Peekskill, NY 10566; and the Hendrick Hudson Free
Library, 185 Kings Ferry Road, Montrose, NY 10548.
Dated at Rockville, Maryland, this 25th day of July, 2007.
For The Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E7-14864 Filed 7-31-07; 8:45 am]
BILLING CODE 7590-01-P